NE101 Nebraska Laws, Rules, & Ethics for Professional ... · Nebraska Laws, Rules & Ethics for Professional Engineers Ezekiel Enterprises, LLC 6 | P a g e September 2018 81-3421

Updated – September 2018

Approved Continuing Education for Licensed Professional Engineers

Nebraska– Laws, Rules,

and Ethics for Professional

Engineers

Three (3) Continuing Education Hours

Course #NE101

EZ-pdh.com

Ezekiel Enterprises, LLC

301 Mission Dr. Unit 571

New Smyrna Beach, FL 32170

800-433-1487

[email protected]

https://ez-pdh.com/

Nebraska Laws, Rules & Ethics for Professional Engineers Ezekiel Enterprises, LLC

1 | P a g e September 2018

Course Description:

The Nebraska Laws, Rules and Ethics course satisfies 3 of

the 30 hours of continuing professional education required

for Nebraska licensed professional engineers.

The course is designed as a distance learning interactive

course that enables the practicing professional engineer to

examine the cannons of ethics as well as keep up to date on

the legal aspects that govern the practice of engineering in

the state of Nebraska.

Objectives:

The primary objective of this course is to familiarize the

student with the cannons of ethics and familiarize the student

with the laws and rules regulating the practice of engineering

in the state of Nebraska.

Upon successful completion of the course, the student will

have increased understanding of ethical practices and be

well versed with the UT state laws and board rules.

Grading:

Students must achieve a minimum score of 70% on the

online quiz to pass this course.

The quiz may be taken as many times as necessary to

successful pass and complete the course.



Table of Contents NEBRASKA STATUTES .............................................................. 3

NEBRASKA ADMINISTRATIVE CODE ........................................ 30

CODE OF ETHICS ................................................................... 74

Preamble............................................................................. 74

I. Fundamental Canons ........................................................ 74

II. Rules of Practice ............................................................. 74

III. Professional Obligations ................................................. 77

REFERENCES ......................................................................... 81



Nebraska Statutes

Engineers and Architects Regulation Act.

(81-3401 to 81-3455)

81-3401. Act, how cited.

Sections 81-3401 to 81-3455 shall be known and may be cited as the Engineers and

Architects Regulation Act.

81-3402. Architecture and engineering; regulation.

In order to safeguard life, health, and property and to promote the public welfare, the

professions of architecture and engineering are declared to be subject to regulation in

the public interest. The practice of architecture and engineering and use of the titles

architect or professional engineer is a privilege granted by the state through the board

based on the qualifications of the individual as evidenced by a certificate of licensure

which is not transferable.

81-3403. Definitions, where found.

For purposes of the Engineers and Architects Regulation Act, the definitions found in

sections 81- 3404 to 81-3427 shall be used.

81-3404. Architect, defined.

Architect means a person who is licensed by the board to practice architecture.

81-3405. Board, defined.

Board means the Board of Engineers and Architects.

81-3405.01. Building official, defined.

Building official means a person appointed by the state or a political subdivision having

responsibility for the public safety and welfare and the enforcement of building codes

with regard to buildings and other structures within such person’s jurisdiction.



81-3405.02. Building, defined.

Building means any structure used, or intended to be used, to support, shelter, or

enclose any use or occupancy.

81-3406. Repealed.

81-3407. Continuing education, defined.

Continuing education means lifelong learning and training relevant to a licensee’s

professional practice.

81-3408. Coordinating professional, defined.

Coordinating professional means a licensee who coordinates, as appropriate, the work

of all licensees involved in a project.

81-3409. Design, defined.

Design means the preparation of schematics, layouts, plans, drawings, specifications,

calculations,

and other diagnostic documents which show the features of an architectural or

engineering project.

81-3410. Repealed.

81-3411. Direct supervision, defined.

Direct supervision means having full professional knowledge and control over work that

constitutes the practice of architecture or engineering.

81-3412. Emeritus, defined.

Emeritus means an architect or professional engineer who has relinquished his or her

license and who is approved by the board to use the honorary title emeritus.

81-3413. Repealed.

81-3414. Engineer-intern, defined.

Engineer-intern means a person who has been duly enrolled as an engineer-intern by

the board.

81-3415. Estimator, technician, or other similar titles, defined.

Estimator, technician, or other similar titles means a person who through training or

experience is performing tasks associated with the practice of architecture or

engineering under the supervision of an architect or professional engineer, respectively.



81-3416. Good ethical character, defined.

Good ethical character means such character as will enable a person to discharge the

fiduciary duties of an architect or professional engineer to his or her client and to the

public for the protection of the public health, safety, and welfare.

81-3416.01. Intern architect, defined.

Intern architect means a person who has enrolled in the Intern Development Program

of the National Council of Architectural Registration Boards and holds a degree from a

program accredited by the National Architectural Accrediting Board or equivalent.

81-3416.02. Licensee, defined.

Licensee means a licensed architect or professional engineer.

81-3417. Repealed.

81-3418. Organization, defined.

Organization means a business entity created by law, including, but not limited to, a

partnership, limited liability company, corporation, or joint venture.

81-3419. Repealed.

81-3420. Practice of architecture, defined.

(1) Practice of architecture means providing or offering to provide design services in

connection with the construction, enlargement, or alteration of a building or group of

buildings and the space within and surrounding the buildings. The services may include,

but not be limited to, planning, providing studies, designs, drawings, specifications, and

other technical submissions, and administering construction contracts. The practice of

architecture does not include the practice of engineering.

(2) A person shall be construed to practice architecture, within the meaning and

intent of the Engineers and Architects Regulation Act, if he or she:

(a) Practices the profession of architecture or holds himself or herself out as able

and entitled to practice architecture;

(b) By verbal claim, sign, advertisement, letterhead, or card or in any other way,

represents himself or herself to be an architect; or

(c) Through the use of some other title, implies that he or she is an architect or

licensed under the Engineers and Architects Regulation Act.



81-3421. Practice of engineering, defined.

(1) Practice of engineering means any service or creative work that requires

engineering education, training, and experience in the application of special knowledge

of the mathematical, physical, and engineering sciences. The services may include, but

not be limited to, planning, providing studies, designs, drawings, specifications, and

other technical submissions, and administering construction contracts. The practice of

engineering does not include the practice of architecture.

(2) A person shall be construed to practice engineering, within the meaning and

intent of the Engineers and Architects Regulation Act, if he or she:

(a) Practices any discipline of the profession of engineering or holds himself or

herself out as able and entitled to practice any discipline of engineering;

(b) By verbal claim, sign, advertisement, letterhead, or card or in any other way,

represents himself or herself to be a professional engineer; or

(c) Through the use of some other title, implies that he or she is a professional

engineer or licensed under the Engineers and Architects Regulation Act.

81-3422. Professional engineer, defined.

Professional engineer means a person who is licensed by the board to practice

engineering.

The board may designate a professional engineer, on the basis of education,

experience, and examination, as being licensed in a specific discipline of engineering

signifying an area in which the professional engineer has demonstrated competence.

81-3422.01. Project, defined.

Project means one or more related activities that require the practice of architecture or

engineering for completion.

81-3423. Public service provider, defined.

Public service provider means any political subdivision which employs or appoints an

architect or a professional engineer to be in responsible charge of the political

subdivision’s architectural or engineering work.

81-3424. Repealed.

81-3425. Responsible charge, defined.

Responsible charge means the management of the technical and financial aspects of

engineering or



architectural work through an organization.

81-3426. Rules and regulations, defined.

Rules and regulations means rules and regulations adopted and promulgated under the

Engineers and Architects Regulation Act by the board.

81-3427. Technical submissions, defined.

Technical submissions means designs, drawings, specifications, studies, and other

technical reports that constitute, or may be prepared in conjunction with, a project.

81-3428. Board of Engineers and Architects; created; members;

terms; location.

(1) The Board of Engineers and Architects is created to administer the Engineers and

Architects Regulation Act. The board shall consist of eight members appointed by the

Governor for terms of five years terminating on the last day of February. The board

shall consist of:

(a) Three architect members, two of whom shall be appointed after consulting with

the appropriate architectural professional organizations, and one education member

who is a faculty member of the University of Nebraska appointed upon the

recommendation of the Dean of Architecture of the University of Nebraska;

(b) Four professional engineer members, three of whom shall be appointed after

consulting with the appropriate engineering professional organizations, and one

education member who is a faculty member of the University of Nebraska appointed

upon the recommendation of the Dean of Engineering of the University of Nebraska;

and

(c) One public member.

(2) Each member shall hold office after the expiration of his or her term until his or

her successor is duly appointed and qualified. Vacancies in the membership of the

board, however created, shall be filled for the unexpired term by appointment by the

Governor. The Governor shall reappoint or replace existing members as their terms

expire, and the public member shall be reappointed or replaced in the fifth year of his

or her term. The Governor may remove any member of the board for misconduct,

incompetency, or neglect of duty.

(3) Each member of the board shall be a citizen of the United States and a resident

of the State of Nebraska for at least one year immediately preceding appointment. Each

architect or professional engineer member shall have been engaged in the active

practice of the design profession for at least ten years, shall have had direct supervision



of work for at least five years at the time of his or her appointment, and shall be

licensed in the relevant profession.

(4) The board may designate a former member of the board as an emeritus

member, but for no more than ten years after his or her original board membership

expires. Emeritus member status, when conferred, must be renewed annually.

(5) The board offices shall be located in Lincoln, Nebraska.

81-3429. Board; members; per diem; expenses.

Each member of the board shall receive as compensation not more than one hundred

dollars per day for each day or substantial portion of a day spent traveling to and from

and attending sessions of the board and its committees, authorized meetings of the

National Council of Architectural Registration Boards, the National Council of Examiners

for Engineering and Surveying, or their subdivisions or committees, or other business as

authorized by the board.

Each member of the board shall be reimbursed for all necessary and authorized

expenses incident to the performance of his or her duties under the Engineers and

Architects Regulation Act as provided in sections 81-1174 to 81-1177.

81-3430. Certificate of appointment; oath; Attorney General; legal

advisor; seal; rules and regulations.

Each member of the board shall receive a certificate of appointment from the Governor

and, before beginning his or her term of office, shall file with the Secretary of State the

constitutional oath of office. The board or any committee of the board is entitled to the

services of the Attorney General in connection with the affairs of the board, and the

board may compel the attendance of witnesses, administer oaths, and take testimony

and proofs concerning all matters within its jurisdiction. The Attorney General shall act

as legal advisor to the board and render such legal assistance as may be necessary in

carrying out the Engineers and Architects Regulation Act. The board shall adopt and

have an official seal, which shall be affixed to all certificates of licensure granted, and

shall adopt and promulgate rules and regulations to carry out the act.

81-3431. Board; meetings; officers; quorum.

The board shall hold at least one regular meeting each year. Special meetings shall be

held as the rules and regulations provide and at such places as the board elects. Notice

of all meetings shall be given in such manner as the rules and regulations provide. The

board shall elect from its members, annually at its first meeting after March 1, a

chairperson, vice-chairperson, and secretary. A quorum of the board shall consist of not

less than five members.



81-3432. Engineers and Architects Regulation Fund; created; use;

investment.

The Engineers and Architects Regulation Fund is created. The secretary of the board

shall receive and account for all money derived from the operation of the Engineers and

Architects Regulation Act and shall remit the money to the State Treasurer for credit to

the Engineers and Architects Regulation Fund. All expenses certified by the board as

properly and necessarily incurred in the discharge of duties, including compensation

and administrative staff, and any expense incident to the administration of the act

relating to other states shall be paid out of the fund. Debt repayments payable pursuant

to section 81-3432.01 shall be paid out of the fund. Warrants for the payment of

expenses shall be issued by the Director of Administrative Services and paid by the

State Treasurer upon presentation of vouchers regularly drawn by the chairperson and

secretary of the board and approved by the board. At no time shall the total amount of

warrants exceed the total amount of the fees collected under the act and to the credit

of the fund. Any money in the fund available for investment shall be invested by the

state investment officer pursuant to the Nebraska Capital Expansion Act and the

Nebraska State Funds Investment Act.

81-3432.01. Repayment of qualified educational debt; authorized;

eligibility.

(1) The board may repay qualified educational debt owed by an eligible graduate.

Such repayment shall be made from the Engineers and Architects Regulation Fund. To

be eligible for debt repayment, a recipient shall be a graduate of (a) a National

Architectural Accrediting Board-accredited architecture program in Nebraska or (b) an

ABET-accredited engineering program in Nebraska and shall have obtained qualified

educational debt.

(2) For purposes of this section, qualified educational debt means government and

commercial loans obtained by a student for postsecondary education tuition, other

educational expenses, and reasonable living expenses, as determined by the board.

(3) The board may adopt and promulgate rules and regulations governing any debt

repayment under this section.

81-3433. Roster.

The board shall maintain and make available to the public a complete roster of all

architects and professional engineers showing their names and last-known addresses.

The board shall file the roster with the Secretary of State and may distribute a copy to

each licensed person as well as county and municipal officials. The board may charge a

fee for distributing the roster.



81-3434. Code of practice; contents.

(1) The Legislature hereby finds and declares that a code of practice established by

the board by which architects and professional engineers could govern their

professional conduct would be beneficial to the state and would safeguard the life,

health, and property and promote the public welfare of the citizens of this state.

(2) The code of practice established by this section shall include provisions on:

(a) Professional competence;

(b) Conflict of interest;

(c) Full disclosure of financial interest;

(d) Full disclosure of matters affecting public safety, health, and welfare;

(e) Compliance with laws;

(f) Professional conduct and good ethical character standards; and

(i) Practice of architecture and engineering.

(3) The board may adopt and promulgate rules and regulations to implement the

code of practice.

(4) The board may publish commentaries regarding the code of practice. The

commentaries shall explain the meaning of interpretations given to the code by the

board.

81-3435. Application for licensure, examination, intern

enrollment, certificate of authorization, or emeritus status; form;

fees.

(1) Applications for licensure, examination, intern enrollment, a certificate of

authorization, or emeritus status shall be made on a form prescribed and furnished by

the board. Applications shall be made under oath.

(2) The board may accept the verified information contained in a valid Council

Record issued by

the National Council of Architectural Registration Boards or the National Council of

Examiners for Engineering and Surveying in lieu of the same information that is

required on the form prescribed and furnished by the board.

(3) (a) The board shall establish application and licensure fees as provided in this

subsection. All fees are nonrefundable.

(b) The fee for license applications may not exceed three hundred dollars.



(c) The fee for examination applications may be set to recover the costs of

examination and its administration.

(d) The fee for intern enrollment may not exceed one hundred dollars.

(e) The certificate of authorization fee for organizations may not exceed three

hundred dollars per

year.

(f) The fee for emeritus status may not exceed one hundred dollars per year.

81-3436. Organizational practice; certificate of authorization;

when required; application; immunity; Secretary of State;

registration of trade name or service mark; limitation.

(1) An individual licensed under the Engineers and Architects Regulation Act may

practice or offer to practice the profession of architecture or engineering through an

organization if the criteria for organizational practice established by the board are met

and the organization has been issued a certificate of authorization by the board.

(2) An organization applying for a certificate of authorization shall designate at least

one licensed architect as the person in responsible charge of any practice of

architecture by the organization and at least one professional engineer as the person in

responsible charge of any practice of engineering by the organization. One who renders

only occasional professional services for an organization may not be designated as

being in responsible charge of the professional activities of an organization under this

section.

(3) To obtain a certificate of authorization, a board-approved application shall be

filed with the

board. The application shall contain the names and license numbers of the individual or

individuals designated as in responsible charge and licensed to practice architecture or

engineering in Nebraska. Certificates of authorization shall be for a defined period and

may be renewed.

(4) An organization shall notify the board of any changes in the status of any

individual designated as in responsible charge within thirty days after the effective date

of the change.

(5) All technical submissions issued or filed for public record through an organization

involving the practice of architecture or engineering shall be sealed in accordance with



the act by the licensee who prepared the submissions or under whose direct supervision

they were prepared.

(6) An organization is not relieved of responsibility for the conduct or acts of its

agents, employees, officers, or partners by reason of its compliance with this section.

An individual practicing architecture or engineering is not relieved of responsibility for

services performed by reason of employment or any other relationship with an

organization holding a certificate of authorization.

(7) The Secretary of State shall not issue a certificate of authority to do business in

the state to an applicant or issue a registration of name in the state to an organization

which intends to engage in the practice of architecture or engineering unless the board

has issued the applicant a certificate of authorization or a letter indicating the eligibility

of the applicant to receive a certificate or to register the name.

(8) Except as otherwise authorized in the Engineers and Architects Regulation Act or

in the Professional Landscape Architects Act, the Secretary of State shall not register

any trade name or service mark which includes the words architect or engineer, or any

modification or derivative of such words, in an applicant’s firm name or logotype unless

the board has issued the applicant a certificate of authorization or a letter indicating the

eligibility of the applicant to register the trade name or service mark.

(9) A public service provider or an organization may engage in the practice of

architecture or engineering for itself without obtaining a certificate of authorization.

81-3436.01. Combined services with construction services;

authorized; conditions.

(1) Providing combined services involving the practice of architecture or engineering,

or both, with construction services is allowed if:

(a) An architect participates substantially in, and has direct supervision of, the

architectural services provided on the project;

(b) A professional engineer participates substantially in, and has direct supervision

of, the engineering services provided on the project; and

(c) The rendering of architectural or professional engineering services conforms to

the Engineers and Architects Regulation Act and the rules and regulations.

(2) A temporary permit holder under the act may perform engineering or

architectural services pursuant to this section.



81-3437. Certificate of licensure; issuance; certificate of

enrollment; issuance.

(1) The board shall issue to any applicant who, on the basis of education,

experience, and examination, has met the requirements of the Engineers and Architects

Regulation Act a certificate of licensure giving the licensee proper authority to carry out

the prerogatives of the act. If a professional engineer’s license has been issued in a

specific discipline, the discipline shall be specified on the certificate of licensure. The

certificate of licensure shall carry the designation Licensed Architect or Licensed

Professional (discipline) Engineer. The certificate shall give the full name of the licensee

and license number and shall be signed by the chairperson of the board, the secretary

of the board, and one other board member.

(2) The certificate of licensure shall be prima facie evidence that the person is

entitled to all rights, privileges, and responsibilities of an architect or a professional

engineer while the certificate of licensure remains unrevoked and unexpired.

(3) The board shall issue to any applicant who, on the basis of education and

examination, has met the requirements of the Engineers and Architects Regulation Act

a certificate of enrollment as an engineer-intern. The engineer-intern certificate does

not authorize the holder to practice as a professional engineer.

81-3437.01. Seal; contents; use; prohibited acts.

(1) Each licensee authorized to practice architecture or engineering must obtain a

seal. The design of the seal shall be determined by the board. If a professional

engineer’s license has been issued in a specific discipline, the discipline shall be

specified on the seal. The following information shall be on the seal: State of Nebraska;

licensee’s name; licensee’s license number; and the words Architect or Professional

(discipline) Engineer.

(2) Whenever the seal is applied, the licensee’s signature shall be across the seal.

The board may adopt and promulgate rules and regulations for application of the seal.

(3) The seal and the date of its placement shall be on all technical submissions and

calculations whenever presented to a client or any public or governmental agency. It

shall be unlawful for a licensee to affix his or her seal or to permit his or her seal to be

affixed to any document after the expiration of the certificate or for the purpose of

aiding or abetting any other person to evade or attempt to evade the Engineers and

Architects Regulation Act.

(4) The seal and date shall be placed on all originals, copies, tracings, or other

reproducible drawings and the first and last pages of specifications, reports, and studies

in such a manner that the seal, signature, and date will be reproduced and be in



compliance with rules and regulations of the board. The application of the licensee’s

seal shall constitute certification that the work was done by the licensee or under the

licensee’s control.

(5) In the case of a temporary permit issued to a licensee of another state, the

licensee shall use his or her state of licensure seal and shall affix his or her signature

and temporary permit to all his or her work.

81-3437.02. Coordinating professional; designation; duties.

(1) Projects involving more than one licensed architect or professional engineer shall

have an architect or professional engineer designated as the coordinating professional

for the entire project. The coordinating professional may, but need not, provide

architectural or engineering services on the project. The coordinating professional shall

apply his or her seal in accordance with the Engineers and Architects Regulation Act to

the cover sheet of all documents and denote the seal as that of the coordinating

professional.

(2) The coordinating professional shall be responsible for reviewing and coordinating

technical documents prepared by others for compatibility with the design of the project.

81-3438. Certificates; expiration; renewal; fees; continuing

education.

Certificates of licensure and certificates of authorization shall expire on a date

established by the board and shall become invalid after that date unless renewed.

The board shall notify every person licensed under the Engineers and Architects

Regulation Act and every organization holding a certificate of authorization under the

act of the date of the expiration of the certificate of licensure or certificate of

authorization and the amount of the fee required for renewal.

The notice shall be mailed at least one month in advance of the date of the expiration

to the licensee or organization at the last-known address on file with the board. Valid

certificates may be renewed prior to expiration upon application and payment of

applicable fees. Expired certificates may be renewed in accordance with rules and

regulations of the board. Renewal fees shall not exceed two hundred dollars per year.

The board may require licensees to obtain continuing education as a condition of

license renewal.

81-3439. Replacement certificates; fee.

The board may issue a new certificate of licensure or certificate of authorization to

replace any lost, destroyed, or mutilated certificate. A fee not to exceed one hundred

dollars shall be charged for each such issuance.



81-3440. Enforcement.

The board shall enforce the Engineers and Architects Regulation Act and the rules and

regulations, including enforcement against any unlicensed person. If any person refuses

to obey any decision or order of the board, the board or, upon the request of the

board, the Attorney General or the

appropriate county attorney shall file an action for the enforcement of the decision or

order, including injunctive relief, in the district court. After a hearing, the court shall

order enforcement of the decision or order, or any part thereof, if legally and properly

made by the board and, if appropriate, injunctive relief.

81-3441. Use of title; unlawful practice.

Except as provided in sections 81-3414, 81-3415, 81-3449, and 81-3453, an individual

shall not directly or indirectly engage in the practice of architecture or engineering in

the state or use the title architect or professional engineer or display or use any words,

letters, figures, titles, sign, card, advertisement, or other symbol or device indicating or

tending to indicate that he or she is an architect or professional engineer or is practicing

architecture or engineering unless he or she

is licensed under the Engineers and Architects Regulation Act. A licensee shall not aid or

abet any person not licensed under the act in the practice of architecture or

engineering.

81-3442. Prohibited acts; penalties.

(1) It is unlawful for any person to:

(a) Practice or offer to practice architecture or engineering in this state without

being licensed in accordance with the Engineers and Architects Regulation Act unless

such practice or offer to practice is otherwise exempt under the act;

(b) Knowingly and intentionally employ or retain a person to practice architecture or

engineering in this state who is not licensed in accordance with the act, except as

provided in sections 81-3414 and 81-3415, and who is not exempted by section 81-

3449 or 81-3453;

(c) Use the words architect, engineer, or any modification or derivative of such

words in its name or form of business activity except as authorized in the act or in the

Professional Landscape Architects Act;

(d) Advertise any title or description tending to convey the impression that he or she

is a licensed architect or professional engineer unless the person is duly licensed under

the Engineers and Architects Regulation Act;



(e) Present or attempt to use the certificate of licensure or the seal of another

person;

(f) Give any false or forged evidence of any kind to the board or to any member of

the board in

obtaining or attempting to obtain a certificate;

(g) Falsely impersonate any other licensee of like or different name;

(h) Attempt to use an expired, suspended, revoked, or nonexistent certificate of

licensure or practice or offer to practice when not qualified;

(i) Falsely claim that he or she is licensed or authorized under the act; or

(j) Violate the act.

(2) Any person who performs any of the actions described in subsection (1) of this

section is guilty of a Class I misdemeanor for the first offense and a Class IV felony for

the second or any subsequent offense.

81-3443. Enforcement procedures.

(1) A complaint against any person or organization involving any matter coming

within the jurisdiction

of the board shall be in writing and shall be filed with the board.

(2) A hearing on the complaint shall be held within a reasonable time in accordance

with the rules and regulations and may be heard through the use of a hearing officer.

The accused shall have the right to appear personally with or without counsel, to cross-

examine adverse witnesses, and to produce evidence and witnesses in his, her, or its

defense.

(3) The board shall set the time and place for the hearing and shall cause a copy of

the complaint, together with a notice of the time and place fixed for the hearing, to be

sent by registered mail to the accused, at his, her, or its last-known business or

residence address known to the board, at least thirty days before the hearing.

(4) If after the hearing the board finds the accused has violated the Engineers and

Architects Regulation Act or any rules or regulations, it may issue any order or take any

action described in section 81-3444. If the order revokes, suspends, or cancels a

license, the board shall notify, in writing, the Secretary of State. If the board finds no

violation, it shall enter an order dismissing the complaint.



(5) The board may reissue a license that has been revoked. Application for the

reissuance of a license shall be made in such a manner as the board directs and shall

be accompanied by a fee established by the board.

81-3444. Disciplinary actions authorized; civil penalties.

(1) The board, after hearing and upon proof satisfactory to the board, may

determine by two-thirds majority vote that any person or organization has violated the

Engineers and Architects Regulation Act or any rules or regulations.

(2) Upon a finding that a person or organization has committed a violation, one or

more of the following actions may be taken against such person or organization upon a

two-thirds majority vote of the board:

(a) Issuance of censure or reprimand;

(b) Suspension of judgment;

(c) Placement of the offender on probation;

(d) Placement of a limitation or limitations on the holder of a license and upon the

right of the holder of a license to practice the profession to such extent, scope, or type

of practice for such time and under such conditions as are found necessary and proper;

(e) Imposition of a civil penalty not to exceed ten thousand dollars for each offense.

The amount of the penalty shall be based on the severity of the violation;

(f) Entrance of an order of revocation, suspension, or cancellation of the certificate

of licensure;

(g) Issuance of a cease and desist order;

(h) Imposition of costs as in an ordinary civil action in the district court, which may

include reasonable attorney’s fees and hearing officer fees incurred by the board and

the expenses of any investigation undertaken by the board; or

(i) Dismissal of the action.

(3) The board may take into account suitable evidence of reform when determining

appropriate action.

(4) Civil penalties collected under subdivision (2)(e) of this section shall be remitted

to the State Treasurer for distribution in accordance with Article VII, section 5, of the

Constitution of Nebraska. All costs collected under subdivision (2)(h) of this section shall

be remitted to the State Treasurer for credit to the Engineers and Architects Regulation

Fund.



81-3445. State and political subdivisions; construction projects.

Except as otherwise provided in this section and sections 81-3449 and 81-3453, the

state and its political subdivisions shall not engage in the construction of any public

works involving architecture or engineering unless the plans, specifications, and

estimates have been prepared and the construction has been observed by an architect,

a professional engineer, or a person under the direct supervision of an architect,

professional engineer, or those under the direct supervision of an architect or

professional engineer. This section shall not apply to any public work in which the

contemplated expenditure for the complete project does not exceed one hundred

thousand dollars. The board shall adjust the dollar amount in this section every fifth

year. The first such adjustment after August 27, 2011, shall be effective on July 1,

2014. The adjusted amount shall be equal to the then current amount adjusted by the

cumulative percentage change in the Consumer Price Index for All Urban Consumers

published by the Federal Bureau of Labor Statistics for the five-year period preceding

the adjustment date. The amount shall be rounded to the next highest one-thousand-

dollar amount.

81-3446. Construction projects on private lands; applicability of

act; owner; duties.

(1) A project on private land is subject to the provisions of the Engineers and

Architects Regulation Act unless exempt under section 81-3449 or 81-3453.

(2) The owner of any real property who allows a project to be constructed on his or

her real property is engaged in the practice of architecture or engineering unless he or

she employs or causes others to employ licensed architects or professional engineers or

persons under the direct supervision of

licensed architects or professional engineers to furnish at least minimum construction

phase services with respect to the project or is exempt from the Engineers and

Architects Regulation Act under sections 81-3449 and 81-3453.

(3) For purposes of this section:

(a) Construction phase service includes at least the following services: (i) Visiting the

project site on a regular basis as is necessary to determine that the work is proceeding

generally in accordance with the technical submissions submitted to the building official

at the time the project permit

was issued; and (ii) processing technical submissions required of the contractor by the

terms of contract documents. The term does not include supervision of construction,

review of payment applications, resolution of disputes between the owner and

contractor, and other such items which are considered additional construction



administration services which the owner may or may not elect to include in the

architect’s or engineer’s scope of work; and

(b) Owner means with respect to any real property the following persons: (i) The

record owner of such real property; (ii) the lessee of all or any portion of the real

property when the lease covers all of that portion of the real property upon which the

project is being constructed, the lessee has

significant approval rights with respect to the project, and the lease, at the time the

project begins, has a remaining term of not less than ten years; or (iii) the grantee of

an easement granting right-of- way to construct the project.

81-3447. Repealed.

81-3448. Architect; license; application; fee; requirements;

examination; temporary permit.

(1) The following shall be considered as the minimum evidence satisfactory to the

board that an applicant is eligible for admission to an examination on technical and

professional subjects of architecture as prescribed by the board:

(a) Graduation from a program accredited by the National Architectural Accrediting

Board, or satisfying the requirements of the Education Standard of the National Council

of Architectural Registration Boards as determined by the council;

(b) Establishment of a record maintained by the National Council of Architectural

Registration Boards for the purpose of documenting architectural work experience for

the council’s Intern Development Program; and

(c) Submittal of an application accompanied by the fee established by the board.


board that an applicant is eligible for initial licensure as an architect:

(a) Passage of an examination on technical and professional subjects as prescribed

by the board as set forth in subsection (1) of this section;

(b) Completion of the Intern Development Program of the National Council of

Architectural Registration Boards, or its equivalent as determined by the council;

(c) Passage of an examination on the statutes, rules, and other requirements unique

to this state; and

(d) Demonstration of good reputation and good ethical character by attestation of

references. The names and complete addresses of references acceptable to the board

shall be included in the application for licensure.



(3) An individual holding a license to practice architecture issued by a proper

authority of any jurisdiction, based on credentials that do not conflict with subsection

(2) of this section and other provisions of the Engineers and Architects Regulation Act,

may, upon application, be licensed as an architect after:

(a) Successful passage of an examination on the statutes, rules, and other

requirements unique to this state; and

(b) Demonstration of good reputation and good ethical character by attestation of



(4) An individual who holds a current and valid certification issued by the National

Council of Architectural Registration Boards and who submits satisfactory evidence of

such certification to the board may, upon application, be licensed as an architect after:






(5) An individual who has been licensed to practice architecture for fifteen years or

more in one or more jurisdictions and who has practiced architecture for fifteen years in

compliance with the licensing laws in the jurisdictions where his or her architectural

practice has occurred since initial licensure may, upon application, be licensed as an

architect after:






(6) An individual who holds a valid license to practice architecture in another

jurisdiction may be issued a temporary permit to provide architectural services for a

specific project. An individual may not be issued more than one temporary permit.

Temporary permit holders are subject to all of the provisions of the Engineers and

Architects Regulation Act governing the practice of architecture.

(7) None of the examination materials described in this section shall be considered

public records.



(8) The board or its agent shall direct the time and place of the architectural

examinations referenced in subsections (1) and (2) of this section.

(9) The board may adopt the examinations and grading procedures of the National

Council of Architectural Registration Boards. The board may also adopt guidelines

published by the council.

(10) Licensure shall be effective upon issuance.

81-3449. Practice of architecture; exempted activities.

The provisions of the Engineers and Architects Regulation Act regulating the practice of

architecture do not apply to the following activities:

(1) The construction, remodeling, alteration, or renovation of a detached single-

family through four- family dwelling of less than five thousand square feet of above

grade finished space. Any detached or attached sheds, storage buildings, and garages

incidental to the dwelling are not included in the tabulation of finished space. Such

exemption may be increased by rule and regulation of the board adopted pursuant to

the Negotiated Rulemaking Act but shall not exceed the Type V, column B, limitations

set forth by the allowable height and building areas table in the state building code

adopted in section 71-6403;

(2) The construction, remodeling, alteration, or renovation of a one-story

commercial or industrial building or structure of less than five thousand square feet of

above grade finished space which does not exceed thirty feet in height unless such

building or structure, or the remodeling or repairing thereof, provides for the

employment, housing, or assembly of twenty or more persons. Any detached or

attached sheds, storage buildings, and garages incidental to the building or structure

are not

included in the tabulation of finished space. Such exemption may be increased by rule

and regulation of the board adopted pursuant to the Negotiated Rulemaking Act but

shall not exceed the Type V, column B, limitations set forth by the allowable height and

building areas table in the state building code adopted in section 71-6403;

(3) The construction, remodeling, alteration, or renovation of farm buildings,

including barns, silos, sheds, or housing for farm equipment and machinery, livestock,

poultry, or storage, if the structures are designed to be occupied by no more than

twenty persons. Such exemption may be increased by rule and regulation of the board

adopted pursuant to the Negotiated Rulemaking Act but shall not exceed the Type V,

column B, limitations set forth by the allowable height and building areas table in the

state building code adopted in section 71-6403;



(4) Any public works project with contemplated expenditures for a completed project

that do not exceed one hundred thousand dollars. The board shall adjust the dollar

amount in this subdivision every fifth year. The first such adjustment after August 27,

2011, shall be effective on July 1, 2014.

The adjusted amount shall be equal to the then current amount adjusted by the

cumulative percentage change in the Consumer Price Index for All Urban Consumers

published by the Federal Bureau of Labor Statistics for the five-year period preceding

the adjustment date. The amount shall be rounded to the next highest one-thousand-

dollar amount;

(5) Any alteration, renovation, or remodeling of a building if the alteration,

renovation, or remodeling does not affect architectural or engineering safety features of

the building;

(6) The teaching, including research and service, of architectural subjects in a

college or university offering a degree in architecture accredited by the National

Architectural Accrediting Board;

(7) The preparation of submissions to architects, building officials, or other

regulating authorities by the manufacturer, supplier, or installer of any materials,

assemblies, components, or equipment that describe or illustrate the use of such items,

the preparation of any details or shop drawings required of the contractor by the terms

of the construction documents, or the management of construction contracts by

persons customarily engaged in contracting work;

(8) The preparation of technical submissions or the administration of construction

contracts by employees of a person or organization lawfully engaged in the practice of

architecture if such employees are acting under the direct supervision of an architect;

(9) A public service provider or an organization who employs a licensee performing

professional services for itself;

(10) A nonresident who holds the certification issued by the National Council of

Architectural Registration Boards offering to render the professional services involved in

the practice of architecture. The nonresident shall not perform any of the professional

services involved in the practice of architecture until licensed as provided in the

Engineers and Architects Regulation Act.

The nonresident shall notify the board in writing that he or she holds a National Council

of Architectural Registration Boards certificate and is not currently licensed in Nebraska

but will be present in Nebraska for the purpose of offering to render architectural

services, he or she will deliver a copy of the notice to every potential client to whom the



applicant offers to render architectural services, and (c) he or she promises to apply

immediately to the board for licensure if selected as the architect for the project;

(11) The practice by a qualified member of another legally recognized profession who

is otherwise licensed or certified by this state or any political subdivision to perform

services consistent with the laws of this state, the training, and the code of ethics of the

respective profession, if such qualified member does not represent himself or herself to

be practicing architecture and does not represent himself or herself to be an architect;

(12) Financial institutions making disbursements of funds in connection with

construction projects;

(13) Earthmoving and related work associated with soil and water conservation

practices performed on farmland or any land owned by a political subdivision that is not

subject to a permit from the Department of Natural Resources or for work related to

livestock waste facilities that are not subject to a permit by the Department of

Environmental Quality; and

(14) The work of employees and agents of a political subdivision or a nonprofit entity

organized for the purpose of furnishing electrical service performing, in accordance with

other requirements of law, their customary duties in the administration and

enforcement of codes, permit programs, and land- use regulations and their customary

duties in utility and public works construction, operation, and maintenance.

81-3450. Technical submissions by architect; affix seal and

signature; conditions.

(1) An architect shall not affix his or her seal and signature to technical submissions

that are subject

to the Engineers and Architects Regulation Act unless the technical submissions were:

(a) Prepared entirely by the architect;

(b) Prepared entirely under the direct supervision of the architect; or

(c) Prepared partially by others if the architect has reviewed and integrated the work

into his or her own technical submissions.

(2) An architect may affix his or her seal to technical submissions not subject to the

act if the architect has reviewed or adapted in whole or in part such submissions and

integrated them into his or her work.



81-3451. Engineer-intern; enrollment; requirements; application;

fee; professional engineer; license; application; fee; examination;

requirements.


board that an applicant is eligible for enrollment as an engineer-intern:

(a) Graduation from a program accredited by the Engineering Accreditation

Commission of ABET, or meeting the Education Standard of the National Council of

Examiners for Engineering and Surveying as determined by the council;

(b) Passage of an examination in the fundamentals of engineering as accepted by

the board;

(c) Submittal of an application accompanied by the fee established by the board;

and

(d) Demonstration of good reputation and good ethical character by attestation of


shall be included in the application for enrollment.

(2) (a) The following shall be considered as the minimum evidence satisfactory to

the board that an applicant is eligible for admission to the examination on the principles

and practice of engineering that is adopted by the board:

(i) Graduation from a program accredited by the Engineering Accreditation

Commission of ABET, or meeting the Education Standard of the National Council of

Examiners for Engineering and Surveying as determined by the council;

(ii) A record of four years or more of progressive post-accredited-degree experience

on engineering projects of a grade and character which indicates to the board that the

applicant may be competent to practice engineering;

(iii) Passage of an examination in the fundamentals of engineering as accepted by

the board;

(iv) Submittal of an application accompanied by the fee established by the board;

and

(v) Demonstration of good reputation and good ethical character by attestation of


shall be included in the application.

(b) A candidate who fails the principles and practice of engineering examination may

apply for reexamination, which may be granted upon payment of a fee established by

the board. In the event of a second or subsequent failure, the examinee may, at the



discretion of the board, be required to appear before the board with evidence of having

acquired the necessary additional knowledge to qualify before admission to the

examination.


board that an applicant is eligible for licensure as a professional engineer:

(a) Passage of the principles and practice of engineering examination as set forth in

subsection (2) of this section;

(b) A record of four years or more of progressive post-accredited-degree experience

on engineering projects of a grade and character which indicates to the board that the

applicant may be competent to practice engineering;

(c) Demonstration of good reputation and good ethical character by attestation of


shall be included in the application for licensure; and

(d) Successful passage of an examination on the statutes, rules, and other

requirements unique to this state.

(4) An individual holding a license to practice engineering issued by a proper

authority of any jurisdiction, based on credentials that do not conflict with subsections

(2) and (3) of this section and other provisions of the Engineers and Architects

Regulation Act, may, upon application, be licensed as a professional engineer after:

(a) Demonstration of good reputation and good ethical character by attestation of



(b) Successful passage of an examination on the statutes, rules, and other


(5) An individual who has been licensed to practice engineering for fifteen years or

more in one or more jurisdictions and who has practiced engineering for fifteen years in

compliance with the licensing laws in the jurisdictions where his or her engineering

practice has occurred since initial licensure may, upon application, be licensed as a

professional engineer after:

(a) Demonstration of good reputation and good ethical character by attestation of



(b) Successful passage of an examination on the statutes, rules, and other




(6) The board may designate a professional engineer as being licensed in a specific

discipline or branch of engineering signifying the area in which the professional

engineer has demonstrated competence.

(7) An individual who holds a valid license to practice engineering in another

jurisdiction may be issued a temporary permit to provide engineering services for a

specific project. An individual may not be issued more than one temporary permit.

Temporary permit holders are subject to all of the provisions of the Engineers and

Architects Regulation Act governing the practice of engineering.

(8) None of the examination materials described in this section shall be considered

public records.

(9) The board or its agent shall direct the time and place of the engineering

examinations referenced in subsections (1), (2), and (3) of this section.

(10) The board may adopt the examinations and grading procedures of the National

Council of Examiners for Engineering and Surveying. The board may also adopt

guidelines published by the council.

(11) Licensure shall be effective upon issuance.

81-3452. Repealed.

81-3453. Practice of engineering; exempted activities.

The provisions of the Engineers and Architects Regulation Act regulating the practice of

engineering do not apply to the following activities:

(1) The construction, remodeling, alteration, or renovation of a detached single-

family through four-

family dwelling of less than five thousand square feet above grade finished space. Any

detached or attached sheds, storage buildings, and garages incidental to the dwelling

are not included in the tabulation of finished space. Such exemption may be increased

by rule and regulation of the board adopted pursuant to the Negotiated Rulemaking Act

but shall not exceed the Type V, column B, limitations set forth by the allowable height

and building areas table in the state building code adopted in section 71-6403;

(2) The construction, remodeling, alteration, or renovation of a one-story

commercial or industrial building or structure of less than five thousand square feet

above grade finished space which does not exceed thirty feet in height unless such

building or structure, or the remodeling or repairing thereof, provides for the

employment, housing, or assembly of twenty or more persons.



Any detached or attached sheds, storage buildings, and garages incidental to the

building or structure are not included in the tabulation of finished space. Such

exemption may be increased by rule and regulation of the board adopted pursuant to

the Negotiated Rulemaking Act but shall not exceed the Type V, column B, limitations

set forth by the allowable height and building areas table in the state building code

adopted in section 71-6403;

(3) The construction, remodeling, alteration, or renovation of farm buildings,

including barns, silos, sheds, or housing for farm equipment and machinery, livestock,

poultry, or storage and if the structures are designed to be occupied by no more than

twenty persons. Such exemption may be increased by rule and regulation of the board

adopted pursuant to the Negotiated Rulemaking Act but shall not exceed the Type V,

column B, limitations set forth by the allowable height and building areas table in the

state building code adopted in section 71-6403;

(4) Any public works project with contemplated expenditures for the completed

project that do not exceed one hundred thousand dollars. The board shall adjust the

dollar amount in this subdivision every fifth year. The first such adjustment after August

27, 2011, shall be effective on July 1, 2014. The adjusted amount shall be equal to the

then current amount adjusted by the cumulative percentage change in the Consumer

Price Index for All Urban Consumers published by the Federal

Bureau of Labor Statistics for the five-year period preceding the adjustment date. The

amount shall

be rounded to the next highest one-thousand-dollar amount;

(5) Any alteration, renovation, or remodeling of a building if the alteration,

renovation, or remodeling does not affect architectural or engineering safety features of

the building;

(6) The teaching, including research and service, of engineering subjects in a college

or university offering an ABET-accredited engineering curriculum of four years or more;

(7) A public service provider or an organization who employs a licensee performing

professional services for itself;

(8) The practice by a qualified member of another legally recognized profession who

is otherwise licensed or certified by this state or any political subdivision to perform

services consistent with the laws of this state, the training, and the code of ethics of

such profession, if such qualified member does not represent himself or herself to be

practicing engineering and does not represent himself or herself to be a professional

engineer;



(9) The offer to practice engineering by a person not a resident of and having no

established place of business in this state if the person is legally qualified by licensure

to practice engineering in his or her own state or country. The person shall make

application to the board in writing and after payment of a fee established by the board

may be granted a temporary permit for a definite period of time not to exceed one year

to do a specific job. No right to practice engineering accrues to such applicant with

respect to any other work not set forth in the permit;

(10) The work of an employee or a subordinate of a person holding a certificate of

licensure under the Engineers and Architects Regulation Act or an employee of a person

practicing lawfully under subdivision (9) of this section if the work is done under the

direct supervision of a person holding a certificate of licensure or a person practicing

lawfully under such subdivision;

(11) Those services ordinarily performed by subordinates under direct supervision of a

professional engineer or those commonly designated as locomotive, stationary, marine

operating engineers, power plant operating engineers, or manufacturers who supervise

the operation of or operate machinery or equipment or who supervise construction

within their own plant;

(12) Financial institutions making disbursements of funds in connection with

construction projects;

(13) Earthmoving and related work associated with soil and water conservation

practices performed on farmland or any land owned by a political subdivision that is not

subject to a permit from the Department of Natural Resources or for work related to

livestock waste facilities that are not subject to a permit by the Department of

Environmental Quality;

(14) The work of employees and agents of a political subdivision or a nonprofit entity

organized for the purpose of furnishing electrical service performing, in accordance with

other requirements of law, their customary duties in the administration and

enforcement of codes, permit programs, and land- use regulations and their customary

duties in utility and public works construction, operation, and maintenance;

(15) Work performed exclusively in the exploration for and development of energy

resources and base, precious, and nonprecious minerals, including sand, gravel, and

aggregate, which does not have a substantial impact upon public health, safety, and

welfare, as determined by the board, or require the submission of reports or documents

to public agencies;

(16) The construction of water wells as defined in section 46-1212, the installation of

pumps and pumping equipment into water wells, and the decommissioning of water



wells, unless such construction, installation, or decommissioning is required by the

owner thereof to be designed or supervised by an engineer or unless legal requirements

are imposed upon the owner of a water well as a part of a public water supply;



Nebraska Administrative Code

Title 110 - CHAPTER 1. GENERAL PROVISIONS

1.1 Definitions

1.1.1 ACE: The acronym “ACE” means Architectural Continuing Education, the biennial

continuing education required by the Board for renewal or reinstatement of licensure for

architects.

1.1.2 ARE: The acronym “ARE” means the Architects Registration Examination, as

developed by NCARB.

1.1.3 AXP: The acronym “AXP” means the Architectural Experience Program of NCARB,

or its equivalent as determined by NCARB.

1.1.4 EAC/ABET: The acronym “EAC/ABET” means the Engineering Accreditation

Commission of ABET Inc. EAC/ABET accreditation is required for engineering programs

not later than two years after issuance of the degree.

1.1.5 ECE: The acronym “ECE” means the Engineering Continuing Education, the

biennial continuing education required by the Board for renewal or reinstatement of

licensure for professional engineers.

1.1.6 FE Examination: “FE Examination” means the Fundamentals of Engineering

Examination, as developed by NCEES.

1.1.7 NAAB: The acronym “NAAB” means the National Architectural Accrediting Board.

NAAB accreditation is required for architecture programs not later than two years after

issuance of the degree.

1.1.8 NCARB: The acronym “NCARB” means the National Council of Architectural

Registration Boards.

1.1.9 NCEES: The acronym “NCEES” means the National Council of Examiners for

Engineering and Surveying.

1.1.10 PE Examination: “PE Examination” means the Principals and Practice of

Engineering Examination, as developed by NCEES.

1.1.11 E&A Act: The Engineers and Architects Regulation Act, Neb. Rev. Stat. §§ 81-

3401 through 81-3455, shall be known and may be cited as E&A Act.



1.1.12 E&A Rules: The Nebraska Rules and Regulations, Title 110 of the Nebraska

Administrative Code, Chapters 1 through 11, shall be known and may be cited as E&A

Rules.

1.1.13 MLE: “MLE” means an individual who holds an NCEES Record that has been

designated as a Model Law Engineer or Model Law Structural Engineer record by

NCEES.

1.1.14 MLSE: “MLSE” means an individual who holds an NCEES Record that has been

designated as a Model Law Structural Engineer by NCEES.

1.1.15 NCARB Certificate Holder: “NCARB Certificate Holder” means an individual who

holds a Certificate issued by NCARB indicating the NCARB Certification requirements

have been met.

1.1.16 Temporary Permit: A permit issued by the Board to an architect or professional

engineer who is not licensed in Nebraska for use on a single project.

1.2 Terms Defined by Statute

Terms defined in the E&A Act shall have the same meanings when used in these

regulations.

1.3 Purpose

The Nebraska Rules and Regulations are set forth for the purpose of interpreting and

implementing the E&A Act, establishing the Board, and conferring upon it responsibility

for licensure of architects and professional engineers and the regulation of the practice

of engineering and architecture.

1.4 Board’s Regulatory Authority

The E&A Rules are promulgated under authority of and in conformity with the E&A Act.

1.5 Severability

If any provisions of these regulations or the application thereof to any person or

circumstance is invalid, such invalidity shall not affect other provisions or application of

these regulations which can be given effect without the invalid provision or application,

and to this end the provisions of these regulations are declared to be severable.

1.6 Adoption of the Attorney General’s Model Rules

The Board has adopted Title 53, Nebraska Administrative Code, Chapters 1 through 4 of

the Nebraska Department of Justice, also known as the Attorney General’s Model Rules,

and has incorporated them into these regulations.



1.7 Federal Requirements

Nothing in the Act shall imply exemption from requirements of any federal statute or

regulation, including, but not limited to, the Americans with Disabilities Act and the Fair

Housing Act.

1.8 Declaratory Rulings

Procedures governing Declaratory Rulings shall be in accordance with Title 53,

Nebraska Administrative Code, Chapter 3 of the Nebraska Department of Justice.

1.9 Record of Board’s Actions

A quorum of five members of the Board is required for Board actions. The Board will

keep record of actions enacted at its meetings.

1.10 Board Member Conflicts of Interest

1.10.1 Board members shall not vote on any matter in which they have any interest,

financial or otherwise, direct or indirect, or engage in any business transaction or

professional activity or incur any obligation of any nature which is in conflict with the

proper discharge of their duties as a Board member.

1.10.2 Board members are prohibited from using or attempting to use their official

position to

secure unwarranted privileges or exemptions for themselves or others.

1.10.3 Board members shall not give the impression that they may be improperly

influenced in the performance of Board member duties, or that they are improperly

affected by the kinship, rank, position, or influence of any party or person.

1.10.4 A Board member shall not accept gifts of value or loans from persons having

business before the Board which are intended to or which might appear to influence the

official relationship between the donor and recipient.

1.11 Confidentiality of Information

1.11.1 Records denoted in Neb. Rev. Stat. § 84-712.05 shall be considered confidential.

1.11.2 Replies received from references regarding the qualifications of an applicant shall

be placed in files that are considered non-public records. The source and character of

the information will not be divulged except when required by law.

1.12 Conditional License

1.12.1 The Board may authorize Board staff to issue licenses on a conditional basis,

pending formal approval of the license application by the Board.



1.12.2 A conditional license may be withdrawn by the Board if it determines the

applicant does not qualify for any reason.

1.12.3 In the event the Board fails to give formal approval of a license that has been

issued on a conditional basis, the conditional license will expire at 11:59 p.m. on the

date the licensee is notified of such Board action.

1.12.4 Architectural and professional engineering services performed pursuant to a

conditional license that is subsequently withdrawn by the Board will be deemed to have

been performed pursuant to a valid license.

1.13 Expired License Status

1.13.1 License Expiration Date

1.13.1.1 A license to practice expires at 11:59 p.m. on the expiration date noted on

the license.

1.13.1.2 An architect or professional engineer cannot practice, as provided in the

E&A Act, with an expired license.

1.13.2 Renewing Expired Licenses

1.13.2.1 Licenses that have expired may be renewed during the following twelve

months upon payment of a penalty plus the renewal fee.

1.13.2.2 The penalty fee to be paid for the renewal shall be ten percent of the

renewal fee for each month after the expiration date, not to exceed the amount of the

renewal fee.

1.13.2.3 Licenses that have expired and are not renewed within twelve months

from their expiration date cannot be renewed, but will require reinstatement.

1.13.3 Reinstatement of a License

1.13.3.1 An expired license may be reinstated to active status, pending approval of

the Board, upon submission of the following:

1.13.3.1.1 A new application;

1.13.3.1.2 Payment of fees and penalties, if applicable;

1.13.3.1.3 Documentation establishing that the applicant has complied with the

continuing education requirements set forth in these rules for the two-year period

immediately preceding the date the reinstatement application was received by the

Board; and

1.13.3.1.4 An affidavit attesting that the applicant has not practiced engineering

and/or architecture in Nebraska during the time the license was expired; or



1.13.3.1.5 If such attestation cannot be made, an explanation acceptable to the

Board of the applicant’s practice during the expiration period.

1.13.3.2 Applicants seeking reinstatement must meet current requirements for

licensure by examination or comity.

1.13.3.3 The original license number will be retained.

1.13.4 Emeritus Status

1.13.4.1 Professional engineers and architects whose licenses are subject to

renewal but who are not engaged in their professional practice may elect emeritus

status.

1.13.4.2 Architects and professional engineers who have elected emeritus status

retain their professional honorary titles but are prohibited from practicing.


are subject to annual renewals at a fee established by the Board.


will receive Board publications.

1.13.4.5 To be reinstated to practice, an architect or professional engineer who has

elected emeritus status must submit a new application to the Board,

submit an affidavit that they have not practiced architecture or engineering

during the emeritus period, and meet the requirements of Rule 9.6.1.4.

1.14 Enrollment as an Engineer Intern (EI)

1.14.1 Enrollment as an Engineer Intern may be granted upon the applicant’s

submission of the following:

1.14.1.1 An application and fee as prescribed by the Board;

1.14.1.2 Verification that the applicant has passed the FE Examination; such

verification shall be submitted directly by the jurisdiction in which the examination was

taken or by NCEES;

1.14.1.3 Verification that the applicant has satisfied the education requirement

set forth in Rule 2.2.1; such verification shall be submitted directly by the institution at

which the education was obtained or from its authorized agent; and

1.14.1.4 Three references indicating the applicant’s good reputation and ethical

character.



1.14.2 Applications for enrollment as an EI may be administratively approved by Board

staff but are conditional until formally approved by the Board.

1.14.3 Enrollment as an EI is not required for licensure in Nebraska or to sit for the PE

Examination.

1.15 License Fees

1.15.1 The fee schedule and methods of payment shall be set by the Board.

1.15.2 All fees are non-refundable. However, fees initially paid to the Board by an

applicant for a specific application, but not used for that specific application, may be

used as a credit for a different application fee during the same fiscal year at the

applicant’s discretion.

1.16 Professional Assistance

The Board may retain professional assistance in carrying out administrative matters and

other general governance of the Board. Such assistance may include financial,

technological, legal, and administrative consultation.

1.17 Licensee Lists

Lists of architects and professional engineers licensed by the Board, as well as those

who have applied for licensure, will be issued upon written request in accordance with

Nebraska law regarding the production of public records.

1.18 Photographs and Transcripts

Photographs shall not be required for identification on applications received by the

Board. Transcripts or other documents provided by NCEES, NCARB, or issued directly by

the granting institution of higher education, or its authorized agent, will be acceptable

as proof of graduation when such proof is required by the Board.

1.19 Emeritus Board Members

1.19.1 Upon retiring from service with the Board, former board members are conferred

as Emeritus board members.

1.19.2 When requested by the Board, an Emeritus board member may represent the

Board at authorized meetings. Expenses incurred by the Emeritus board member at

such functions may be reimbursed by the Board

1.20 Licensure of Board Members

At all times during their terms on the Board, professional engineer and architect

members of the Board, including the education members, must be licensed in Nebraska

in their respective professions.



1.21 Applications

1.21.1 Absent specific Board action, all documents and information requested by the

Board in connection with any application must be provided by the applicant within one

year. Applications that are incomplete after one year are invalid, and a new application

and fee will be required.

1.21.2 An applicant’s prior criminal or disciplinary history from any jurisdiction may be

considered by the Board as part of the application process for initial licensure, comity

licensure, or examination. The existence of such history is not an automatic bar to

being licensed or to be allowed to take examinations, nor is disclosure intended to

automatically require consideration of discipline by the Board.

1.21.3 The review and evaluation of disclosure statements provided by applicants

during the licensing or examination application process may be performed by the

Executive Director with the assistance of Board staff. However, the Board must review

disclosures which an applicant has not previously disclosed and which indicate:

1) felony convictions; 2) probation, suspension, or revocation of an architect or

professional engineer license in another jurisdiction; 3) repetitive or multiple violations;

or 4) evidence of unfitness to practice the profession.

CHAPTER 2. LICENSURE OF PROFESSIONAL ENGINEERS

BY EXAMINATION

2.1 Requirements for Licensure by Examination

Licensure by examination requires that the applicants have:

(1) Satisfied the education requirements set forth in Rule 2.2;

(2) Satisfied the experience requirement set forth in Rule 2.3;

(3) Passed the FE Examination, the PE Examination, and the Nebraska E&A Act

Examination as set forth in Rule 2.4; and

(4) Complied with the application process set forth in Rule 2.5.

2.2 Education Requirements for Examination (FE and PE)

2.2.1 Candidates for the Fundamentals of Engineering Examination (FE) are required

to hold a degree or have senior standing in a curriculum leading to an engineering

degree from an EAC/ABET-accredited engineering program or meet the NCEES

Education Standard.



2.2.2 Candidates for the Principles and Practice of Engineering Examination (PE) are

required to hold an EAC/ABET-accredited engineering degree or meet the NCEES

Education Standard.

2.2.3 A program is considered to be EAC/ABET accredited under these rules if

accreditation is granted for the program no later than two years after issuance of the

applicant’s degree.

2.2.4 A degree in Engineering Technology does not meet the education requirements.

2.2.5 Those holding degrees from programs not EAC/ABET accredited must establish

that their education meets the NCEES Education Standard by evaluation through the

NCEES Credentials Evaluation.

2.2.5.1 Deficiencies defined by the evaluation service may be corrected by taking

coursework related to the deficiency in a post-secondary institution offering EAC/ABET-

accredited engineering programs or in programs otherwise acceptable to the Board.

2.2.5.2 Coursework from post-secondary education institutions that are not EAC/

ABET accredited will be acceptable if the coursework is approved by an EAC/ ABET-

accredited institution to be “transferable.” A letter from the EAC/ABET- accredited

institution may be required for substantiation.

2.2.5.3 Passing scores will be accepted in college level exams given by approved

third parties including College Board Exams (CLEP) in subjects related to the deficiency

or as otherwise acceptable to the Board.

2.2.5.4 With Board approval, up to nine semester credit hours of deficiency in

general education may be removed for applicants who have obtained a college degree

from an institution whose primary language of instruction is not English or who can

demonstrate fluency in multiple languages or dialects.

2.2.5.5 Once the deficiencies are removed, the Board will consider the education

asbsatisfying the Board’s education requirement.

2.2.5.6 Students studying an engineering discipline at an institution that offers

ABET/EAC-accredited degree programs in that discipline, and who have not obtained an

ABET/EAC-accredited degree, are not eligible for education evaluation by the Board nor

will the Board request an evaluation of their education from NCEES Credentials

Evaluations.

2.2.5.7 The Board may defer action on deficient applications until these education

requirements have been met.



2.3 Experience

2.3.1 Candidates for the Principles and Practice of Engineering Examination (PE) shall

have not less than four years of work experience acceptable to the Board.

2.3.1.1 For purposes of this rule, “work” means professional services comprising

the practice of engineering.

2.3.2 Work experience for applicants may start immediately following graduation from

a four- year or equivalent engineering program.

2.3.3 A candidate may not sit for the PE Examination or the SE Examination until at

least four calendar years after completion of an EAC/ABET-accredited degree,

irrespective of the combination of work experience and education credit that may be

available for an advanced degree.

2.3.4 Successful completion of graduate study leading to an advanced degree in

engineering may satisfy part of the experience requirement.

2.3.4.1 A Masters Degree in engineering may be used for credit for one year of

experience if it is preceded by an EAC/ABET-accredited baccalaureate degree in

engineering.

2.3.4.2 A Doctorate Degree in engineering may be used for two years of

experience if it is preceded by an EAC/ABET-accredited degree in engineering; in the

case of a Doctorate Degree, no additional experience will be credited for a Masters

Degree.

2.3.5 The Board will consider engineering experience performed outside the United

States if the Board determines that such experience is gained under a licensed

professional engineer from an NCEES jurisdiction, or upon reasonable investigation by

an engineer

Board member, that such experience was performed under circumstances comparable

to the standards for engineering in the United States. All materials necessary to such

determination must be provided by and at the expense of the applicant.

2.3.6 Experience must indicate that, over the course of time, the applicant’s work has

been of increasing quality and has required greater responsibility.

2.3.7 Only work of an engineering nature which follows graduation from a professional

engineering program may be used to satisfy the experience requirement.

2.3.8 Experience must not be obtained in violation of the E&A Act.

2.3.9 Experience gained in the armed services may be used to satisfy the experience

requirement if it was of a character equivalent to that which would have been gained in



the civilian sector doing similar work. Generally, such experience will be creditable only

if the applicant served in an engineering or engineering-related group.

2.3.10 Experience should be gained under the supervision of a licensed professional

engineer or, if not, an explanation should be made showing why the experience should

be considered acceptable to the Board.

2.3.11 Sales experience may be used to satisfy the experience requirement only if the

applicant can demonstrate that engineering principles were required and used in

gaining the experience.

2.3.12 Engineering teaching experience may be used to satisfy the experience

requirement, subject to the Board’s approval, if the courses were at an advanced level

in a college or university offering an engineering curriculum of four years or more.

“Advanced level” means select courses at the junior (300) level as approved by the

Board, and all courses senior (400) level and above.

2.3.13 Experience gained in engineering research and design projects by members of an

engineering faculty where the curriculum is approved by the Board may be used to

satisfy the experience requirement.

2.3.14 Construction experience may be used to satisfy the experience requirement only

if the applicant can demonstrate that the work required the application of engineering

principles.

2.3.15 Experience may not be anticipated. The experience must have been received at

the time of the application.

2.4 Examination for Licensure as Professional Engineers

2.4.1 The Examinations used by the Board to determine eligibility for licensure shall be

the current NCEES Fundamentals of Engineering Examination (FE), the Principles and

Practice of Engineering Examination (PE) or the Structural Engineering Examination

(SE), and the Nebraska E&A Act Examination.

2.4.1.1 The Board will follow NCEES policies and schedules for taking and retaking

FE, PE, and SE Examinations.

2.4.1.2 The Board will determine applicant eligibility for the PE Examination and

the SE Examination, and forward eligibility information to NCEES.

2.4.1.2.1 Once an applicant has been approved to take the PE Examination or the

SE Examination, they remain qualified to retake that same examination for five years.

The five years shall commence on the date of the first scheduled examination after the

applicant has been approved.



2.4.1.3 The Board will accept the examination result as determined by NCEES.

2.4.1.4 If there is any reported examination irregularity on the part of an

applicant, the Board will investigate the allegation and take appropriate action.

2.4.1.5 Passage of the FE Examination, PE Examination, and SE Examination will

be determined by the NCEES pass/fail standards in place at the time the examination

was taken.

2.4.1.6 For security reasons, items in the examination will not be available for

review by the examinee.

2.4.1.7 After a fourth or subsequent failure of the PE Examination or the SE

Examination,the candidate shall present the Board with evidence of having acquired

additional relevant formal instruction before being reexamined. Such candidates shall be

eligible for examination annually. Relevant formal instruction means coursework

consisting of at least two semester credit hours at the undergraduate or graduate level

in the knowledge areas identified as failed in the NCEES diagnostic report. The

coursework must be acceptable at, or transferable to an institution that offers

EAC/ABET-accredited engineering programs. Online coursework is acceptable.

Examination preparatory classes, continuing education offerings, and individual study

do not satisfy the formal learning requirement.

2.4.1.7.1 Failure of either component of the SE Examination will be treated as a

retake for purposes of Rule 2.4.1.7.

2.4.1.8 An applicant’s failure to attend an examination for which he or she has

been scheduled will forfeit the application fee, except as otherwise determined by

NCEES policies.

2.4.1.9 Failure of an applicant to attend an examination for which he or she

has been scheduled to attend shall not be considered as a failure of the examination or

as a retake under Rule 2.4.1.7.

2.4.1.10 Only active United States military personnel will be allowed to have the PE

examination or the SE Examination proctored; any proctoring shall be in accordance

with NCEES policies and guidelines.

2.4.2 All applicants for the PE Examination or the SE Examination must have passed

the FE Examination.

2.4.3 The Principles and Practice of Engineering Examination (PE Examination)



2.4.3.1 The PE Examinations are given in disciplines offered by NCEES, except

that the Board reserves the right not to examine in certain disciplines offered by NCEES

or to examine in specialized disciplines or areas of engineering not offered by NCEES.

2.4.3.2 Applicants will be permitted to sit for the PE Examination in a discipline

different from that of the applicant’s education upon the Board’s acceptance of

evidence of four years of work experience in the discipline of the requested

examination.

2.4.4 The Principles and Practice of Structural Engineering Examination (SE

Examination)

2.4.4.1 The SE Examination shall consist of two components: the Vertical Forces

(gravity/other) and Incidental Lateral component, and the Lateral Forces

(wind/earthquake) component.

2.4.4.1.1 A candidate may sit for each component in separate exam administrations

but must receive acceptable results on both components within a five-year period.

2.4.4.1.2 Receiving acceptable results on only one component shall not be sufficient

for licensure in structural engineering or any other engineering discipline.

2.4.4.1.3 Applicants who have passed both components of the SE Examination, or

its equivalent as defined by NCEES, shall be eligible for licensure as a Professional

Structural Engineer.

2.4.5 The Nebraska E&A Act Examination

2.4.5.1 Following successful passage of the PE Examination or the SE

Examination, an applicant must pass an examination, prepared and administered by the

Board, on the Nebraska E&A Act, E&A Rules and practice ethics.

2.4.5.2 The purpose of the examination is to test an applicant’s familiarity with

the E&A Act, the E&A Rules, and the ethics of practicing engineering.

2.4.5.3 After a second or subsequent failure of the Nebraska E&A Act

Examination, the candidate may be required to acquire additional instruction before

being reexamined. Such candidates shall be eligible for examination every thirty days.

2.5 Application for PE Examination or SE Examination

2.5.1 To be eligible to sit for the PE Examination or the SE Examination, an applicant

must:

2.5.1.1 Submit an application on or before the filing deadline established by the

Board;



2.5.1.1.1 Applicants must submit a separate application for each discipline in which

examination is requested.

2.5.1.2 Submit five references indicating good reputation and ethical character,

three of which are from professional engineers;

2.5.1.2.1 If an applicant cannot provide three references from professional

engineers, five references must still be submitted together with an explanation as to

why the professional references are unavailable.

2.5.1.3 Provide satisfactory evidence of meeting the education requirement as set

forth in these rules. Such evidence shall be received directly from the institution at

which the education was received or from the institution’s authorized agent;

2.5.1.4 Provide verification of passing the FE Examination. Such verification must

be received directly from the jurisdiction in which the examination was taken or from

NCEES; and

2.5.1.5 Provide satisfactory evidence of meeting the experience requirement as

set forth in these rules.

2.5.2 Licensure as a Professional Engineer following Examination

2.5.2.1 Upon passage of the PE Examination or the SE Examination, as approved

by the Board, a certificate of licensure shall be issued containing the licensed applicant’s

full name, license number, and discipline of practice.

2.5.2.2 Licensure shall be in the discipline of the PE Examination upon which the

license is issued.

2.5.2.3 Certificates of Licensure issued to Professional Engineers will be inscribed

with the discipline in which the individual is licensed to practice.

2.5.2.3.1 Those licensed in multiple disciplines will be issued separate

certificates for each discipline.

2.5.2.4 Professional Architectural Engineer

2.5.2.4.1 Professional Engineers licensed on the basis of Architectural Engineering

education, experience, and examination shall be designated Professional Architectural

Engineers.

2.5.2.4.2 Professional Architectural Engineers shall be considered qualified to design

engineering systems commonly associated with buildings. They shall not practice or

offer to practice architecture.



2.5.2.5 Professional Structural Engineer (S.E.)

2.5.2.5.1 Professional Engineers who are licensed on the basis of structural

engineering, experience and examination shall be designated Professional Structural

Engineers and may use the designation S.E. with their name.

2.6 Certificates

2.6.1 When the Board has determined that an applicant for licensure by examination

has satisfied the licensure requirements set forth herein, the Board shall issue a

certificate of licensure containing the professional engineer’s full name and license

number.

2.7 Reimbursement of Educational Debt

2.7.1 With respect to Neb. Rev. Stat. §81-3432.01, each eligible individual who passes

the FE Examination on their first attempt no later than 9 months after graduation is

eligible to be reimbursed $50.00 by the Board of Engineers and Architects. Individuals

who retake the exam because of a no-show or failure are not eligible for

reimbursement.

In order to receive reimbursement, proof of graduation must be officially issued by the

degree-granting institution and received by the Board within a year of graduation.

Payment will be a warrant issued by the State of Nebraska.

CHAPTER 3. LICENSURE OF ARCHITECTS BY

EXAMINATION

3.1 Requirements for Licensure by Examination

Licensure by examination requires that the applicant have:

(1) Satisfied the education requirements set forth in Rule 3.2;

(2) Satisfied the experience requirements set forth in Rule 3.3;

(3) Passed the ARE Examination and the Nebraska E&A Act Examination as set forth

in Rule 3.4; and

(4) Complied with the application process set forth in Rule 3.5.

3.2 Education Requirements

3.2.1 An applicant must:



3.2.1.1 Hold a professional degree in architecture from a program accredited by

NAAB; or

3.2.1.2 Obtain an evaluation report in accordance with Board requirements stating

that the applicant has met the NCARB Education Standard through the Education

Evaluation Services for Architects (EESA) through NAAB.

3.2.1.2.1 If education deficiencies are not resolved by EESA, the Board will review

and make a determination of the appropriate corrective measures to remove the

deficiency.

3.3 Experience

3.3.1 Completion of AXP, or its equivalent as determined by NCARB, is required prior

to licensure.

3.4 Examinations

3.4.1 The Examination used by the Board to determine eligibility for licensure shall be

the current NCARB Architect Registration Examination (ARE) as accepted by the Board.

3.4.1.1 The Board will follow NCARB’s policies on scheduling and retaking the

ARE.

3.4.1.2 The Board will verify applicant eligibility and forward eligibility information

to NCARB.

3.4.1.3 The Board may allow candidates to make application to take all divisions

of the ARE after verification of having met the education requirements and establishing

an NCARB record for the purpose of documenting architectural work experience in AXP

or its equivalent as determined by NCARB.

3.4.1.4 The Board will allow applicants to take the ARE at any NCARB-approved

test center.

3.4.1.5 The Board will accept the examination result as determined by NCARB.

3.4.1.6 If there is any alleged improper behavior on the part of an applicant, the

Board will investigate the allegation and take appropriate action.

3.4.1.7 An applicant must have passed the examination in accordance with the

NCARB pass/fail standards current at the time the applicant took the examination.

3.4.1.8 For security reasons, items in the examination will not be available for

review by the examinee. Examinees have the right to review or challenge failed

divisions of the ARE through the Board in accordance with NCARB rules and policies.

3.4.2 Rolling Clock



3.4.2.1 Applicants shall be required to complete the ARE within the time

limitations set by NCARB policies and procedures.

3.4.2.2 Approval to sit for the ARE shall terminate if the applicant has not

attempted a division of the ARE within five years of such approval. Any applicant

seeking initial licensure in Nebraska and whose test approval has terminated must

submit a new application to the Board for approval to take the ARE.

3.4.3 The Nebraska E&A Act Examination

3.4.3.1 Following successful passage of the ARE, an applicant must pass an

examination, prepared and administered by the Board, on the E&A Act, E&A Rules, and

practice ethics.

3.4.3.2 The purpose of the examination is to test applicants’ familiarity with the

E&A Act, E&A Rules, and the ethics of practicing architecture.

3.4.3.3 After a second or subsequent failure of the Nebraska E&A Act

Examination, the candidate may be required to acquire additional instruction before

being reexamined. Such candidates shall be eligible for examination every thirty days.

3.5 Application for ARE Examination

3.5.1 To be eligible to sit for the ARE examination, an applicant must:

3.5.1.1 Submit a completed application to the Board, accompanied by the filing

fee established by the Board; 3.5.1.1.1. The application fee is waived for first- time

applicants.

3.5.1.2 Provide satisfactory evidence of meeting the education requirement as set

forth in these rules. Such evidence shall be received directly from the

institution at which the education was received, the institution’s authorized agent, or

NCARB;

3.5.1.3 Submit five references indicating good reputation and ethical character,

three of which must be architects; and

3.5.1.3.1 If an applicant cannot provide three references from architects, five

references must still be submitted along with an explanation as to why the professional

references cannot be submitted.

3.5.1.4 Submit verification that the applicant has established an NCARB record for

the

purpose documenting architectural work experience.



3.6 Certificates

3.6.1 When the Board has determined that an applicant for licensure by examination

has satisfied the licensure requirements set forth herein, the Board shall issue a

certificate of licensure containing the architect’s full name and license number.

3.7 Reimbursement of Educational Debt

3.7.1 With respect to Neb. Rev. Stat. §81-3432.01, each individual who has graduated

with a NAAB-accredited architectural degree from and establishes an NCARB record is

eligible to be reimbursed $100 by the Board. In order to receive reimbursement,

verification of NCARB record establishment and graduation must be received within one

year of graduation. Verification of graduation may come from NCARB or officially from

the degree-granting institution. Payment will be by a warrant issued by the State of

Nebraska.

CHAPTER 4. COMITY

4.1 Comity for Engineers

4.1.1 Discipline of Licensure by Comity

4.1.1.1 In order to be eligible for licensure in Nebraska the engineering applicant

must qualify in one or more engineering discipline(s).

4.1.1.2 Verification of good standing must be provided by the licensing authority

of the candidate’s current licensure, including the discipline of the PE Examination.

4.1.1.2.1 In the event the licensing authority does not license by discipline or have

record of examination discipline, verification of discipline of practice may be provided by

the affidavit of an individual with knowledge of the applicant’s discipline of practice.

4.1.1.3 With respect to candidates applying for licensure who have passed the

NCEES Structural I examination, such candidates may be licensed as

a Professional Civil Engineer or another applicable discipline approved by the Board.

Such applicants cannot be licensed as a Structural Engineer without also having passed

the NCEES Structural II examination.

4.1.1.4 Professional Architectural Engineer

4.1.1.4.1 Professional Engineers licensed on the basis of the Architectural

Engineering examination shall be designated Professional Architectural Engineers.



4.1.1.4.2 Professional Architectural Engineers shall not practice or offer to practice

architecture.

4.1.1.5 Professional Structural Engineer (S.E.)

4.1.1.5.1 Professional Engineers licensed on the basis of a structural engineering

examination of at least sixteen hours and/or experience shall be designated Professional

Structural Engineers and may use the designation S.E. with their name.

4.1.2 Comity Licensure for Model Law Engineers and Model Law Structural Engineers

4.1.2.1 The Board staff is authorized to review and evaluate the applications of

comity applicants to determine if they meet or exceed the criteria of a MLE or MLSE as

designated by NCEES.

4.1.2.2 If the applicant meets or exceeds these requirements, the Board staff may

issue a conditional license authorizing that individual to provide engineering services in

Nebraska if the applicant:

4.1.2.2.1 Files an application with required fee;

4.1.2.2.2 Submits satisfactory evidence of such MLE or MLSE designation to the

Board; and

4.1.2.2.3 Passes the Nebraska E&A Act Examination in accordance with Rule 2.4.5.

4.1.2.3 Any information requested on the application with respect to education,

experience, examinations, or references may be provided by submitting an NCEES

record.

4.1.2.4 A listing of professional engineers issued conditional licenses will be

placed on the agenda of the next meeting of the Board for formal approval by the

Board.

4.1.3 Jurisdictional Comity

4.1.3.1 An engineering applicant who holds a current and valid license issued by a

licensing authority of another jurisdiction that is recognized by the Board may be

licensed by Jurisdictional Comity after the applicant: 4.1.3.1.1 Files an application with

required fee;

4.1.3.1.2 Submits satisfactory evidence of such licensure to the Board;

4.1.3.1.3 Submits three references from professional engineers indicating good

reputation and ethical character. In the event three professional engineers are not

available to make such references, the applicant shall submit an explanation for the

Board’s review;



4.1.3.1.4 Submits verification that the applicant has passed the FE and PE

Examinations;

4.1.3.1.5 Submits verification that the applicant has satisfied the

education requirements set forth in Rule 2.2;

4.1.3.1.6 Submits four years of engineering experience that is in compliance with

the licensing law in the jurisdiction where the practice occurs; and



experience, examinations, or references may be provided by submitting an NCEES

record.

4.1.3.3 The application will go to the Board for review and final approval.

4.1.4 Comity Licensure by Experience

4.1.4.1 Notwithstanding the education requirement of Rule 4.1.3.1.5, engineers

who are licensed by a licensing authority recognized by the Board and who have at

least 15 years of licensed professional engineering work experience may be licensed by

experience if the engineer:


4.1.4.1.2 Submits satisfactory evidence of 15 years of licensed work experience in a

discipline acceptable to the Board;

4.1.4.1.3 Provides three references from professional engineers indicating good

reputation and ethical character. In the event three professional engineers are not

available to make such references, the applicant shall submit an explanation for the

Board’s review; and



experience, or references may be provided by submitting an NCEES record.


4.1.5 Temporary Permit

4.1.5.1 An engineering applicant who holds a current and valid license issued by a

licensing authority of another jurisdiction that is recognized by the Board may apply for

a Temporary Permit for the purpose of providing engineering service on a single

project, not to exceed one year, after the applicant:




4.1.5.1.2 Submits satisfactory evidence of such licensure to the Board. Such

evidence must be received directly from the licensing authority or NCEES; and

4.1.5.1.3 Passes an examination, prepared and administered by the Board, on the

E&A Act, E&A Rules, and practice ethics.

4.1.5.2 The permit will include a template containing the applicant’s name, permit

number, expiration date, and project name and location.

4.1.5.3 In the event the project lasts longer than one years, the temporary permit

holder must obtain a Nebraska license.

4.1.5.4 Engineers holding a temporary permit shall use their seal from the state

of verified licensure when sealing documents pertaining to the Nebraska

project and shall accompany the seal with the template issued by the Board.

4.1.5.5 An engineer is eligible for only one temporary permit.

4.1.5.6 Applications for temporary permits may be administratively approved by

Board staff but are conditional until formally approved by the Board.

4.2 Comity Licensure for Architects

4.2.1 Comity Licensure for NCARB Certificate Holders

4.2.1.1 The Board staff is authorized to review and evaluate the applications of all

comity applicants to determine if they meet or exceed the criteria of

an NCARB Certificate Holder.

4.2.1.2 If the applicant meets or exceeds these requirements, the Board staff may

issue a conditional license authorizing that individual to offer or provide architectural

services in Nebraska if the applicant:

4.2.1.2.1 Files an application with the required fee;

4.2.1.2.2 Submits satisfactory evidence of having an NCARB Certificate;

4.2.1.2.3 Submits three references indicating good reputation and ethical character;

and


4.2.1.3 A listing of all architects issued conditional licenses will be placed on the

agenda of the next meeting of the Board for formal approval by the Board.

4.2.2 Comity Licensure by Experience (no NCARB Record or NCARB Certificate)



4.2.2.1 Architects who are licensed by a licensing authority recognized by the

Board by professional examination and who have at least 15 years of licensed

architectural work experience may be licensed by experience if they:

4.2.2.1.1 File the Nebraska application with required fee;

4.2.2.1.2 Submit satisfactory evidence of 15 years of licensed work experience

acceptable to the Board;

4.2.2.1.3 Provide three references indicating good reputation and ethical character;

and

4.2.2.1.4 Pass the Nebraska E&A Act Examination in accordance with Rule 3.4.3.


4.2.3 Temporary Permit

4.2.3.1 An architect applicant who holds a current and valid license issued by a

licensing authority in another jurisdiction that is recognized by the Board may apply for

a Temporary Permit for the purpose of providing architectural service on a single

project, not to exceed two years, if the applicant:

4.2.3.1.1 Files an application with the required fee;

4.2.3.1.2 Submits satisfactory evidence of such licensure to the Board. Such

evidence must be received directly from the licensing authority of NCARB; and

4.2.3.1.3 Passes an examination, prepared and administered by the Board, on the

E&A Act, E&A Rules, and practice ethics.

4.2.3.2 The permit will include a template containing the architect’s name, permit

number, expiration date, and project name and location.

4.2.3.3 In the event the project lasts longer than two years, the temporary permit

holder must obtain a Nebraska license.

4.2.3.4 Architects holding a temporary permit shall use their seal from the state of

verified licensure when sealing documents pertaining to the Nebraska project, and shall

accompany the seal with the template issued by the Board.

4.2.3.5 An architect is eligible for only one temporary permit.

4.2.3.6 Applications for temporary permits may be administratively approved by

Board staff, but are conditional until formally approved by the Board.



CHAPTER 5. CODE OF PRACTICE

5.1 Competence

5.1.1 In practicing engineering or architecture, the architect or professional engineer

shall act with reasonable care and competence and shall apply the technical knowledge

and skill ordinarily applied by architects or professional engineers of good standing in

the same locality.

5.1.2 In designing a project, the architect or professional engineer shall take into

account all applicable federal, state, and municipal laws and regulations. While the

architect or professional engineer may rely on the advice of other professionals (e.g.,

attorneys, architects, professional engineers, or other qualified persons) as to the intent

and meaning of such regulations, once having obtained such advice, the architect or

professional engineer shall not knowingly design a project in violation of such laws and

regulations.

5.1.3 The architect or professional engineer shall undertake to perform professional

services only when they, together with those whom the architect or professional

engineer

may engage as consultants, is qualified by education, training, and experience in the

specific technical areas involved.

5.1.4 No person shall be permitted to practice engineering or architecture if, in the

Board’s judgment, such person’s professional competence is substantially impaired by

physical or mental disabilities.

5.1.5 An architect or professional engineer convicted of a crime in connection with

their profession or a crime of moral turpitude under state law, federal law, or the law of

another jurisdiction, may be held in violation of the code of practice if, in the opinion of

the Board, the events and circumstances leading to the conviction indicate a condition

which would affect the competency of the architect or professional engineer to serve

the health, safety, and welfare of the public.

5.1.6 The architect or professional engineer shall not sign, seal, or attest to any work

pertaining to any technical discipline or specialty that the architect or professional

engineer does not have professional training and experience.

5.2 Conflict of Interest

5.2.1 The architect or professional engineer shall not accept compensation for their

services from more than one party on a project unless the circumstances are fully

disclosed



to and agreed to (such disclosure and agreement to be in writing) by all interested

parties.

5.2.2 If the architect or professional engineer has any business association or direct or

indirect financial interest which is substantial enough to influence their judgment in the

selection of any contractor or sub-consultant, or in connection with their

performance of professional services, the architect or professional engineer shall fully

disclose in writing to their client or employer the nature of the business association

or financial interest. If the client or employer objects to such association or financial

interest, the architect or professional engineer will either terminate such association or

interest, or offer to give up the commission or employment.

5.2.3 The architect or professional engineer shall not solicit or accept compensation

from material or equipment suppliers, contractors, or sub-consultants in return for

specifying or endorsing their products.

5.2.4 When acting as the interpreter of construction contract documents, studies, and

reports, the architect or professional engineer shall render decisions impartially. When

acting as the judge of contract performance, the architect or professional engineer shall

render decisions in an objective manner, favoring neither party to the contract.

5.2.5 An architect or professional engineer who initiates a complaint to the Board shall

not become involved as the architect or professional engineer of record for the project

which was the subject of the complaint.

5.2.6 Architects and professional engineers shall not solicit or accept a contract for

professional services from a governmental body when the architect or professional

engineer, or a principal or officer of the architect’s or professional engineer’s

organization, serves as a voting or non-voting member, whether elected or appointed,

or serves as an employee or contractor to perform professional services, of the same

governmental body which is procuring the professional services. For purposes of

this subparagraph, “governmental body” means a board, council, commission, or similar

multi-membered body of any county or political subdivision. Architects and professional

engineers are not in violation of this provision, however, if the architect or professional

engineer, or the principal or officer of their organization who serves as a member of the

governmental body, plays no role in the solicitation or procurement of the contract on

behalf of the governmental body.



5.3 Disclosure of Professional Relationships or Responsibility

5.3.1 When making public statements on engineering or architectural questions, the

architect or professional engineer shall disclose if they are being compensated for

making such statements.

5.3.2 The architect or professional engineer shall accurately represent to a prospective

or existing client or employer their qualifications and the scope of their responsibility in

connection with work for which they are claiming credit.

5.3.3 The architect or professional engineer possessing knowledge of a violation of

these rules by another architect or professional engineer shall report such knowledge to

the Board.

5.4 Compliance with Laws

5.4.1 The architect or professional engineer shall not, in the conduct of their

engineering or architectural practice, knowingly violate any state or federal criminal law.

Allegations of violations of this section may be based on an independent finding of a

violation of the law by a court of competent jurisdiction or an administrative or

regulatory body.

5.4.2 The architect or professional engineer shall neither offer nor give any gift of

significant value, or any monetary payment to a government official with the intent of

influencing the official’s judgment in connection with a prospective or existing project in

which the architect or professional engineer is interested or has an interest.

5.4.3 The architect or professional engineer shall comply with the laws and regulations

governing their professional practice in any United States jurisdiction.

5.4.3.1 An architect or professional engineer may be subject to disciplinary action

if, based on grounds substantially similar to those which lead to disciplinary

action in this jurisdiction, the architect or professional engineer is disciplined in any

other United States jurisdiction.

5.4.3.2 A person whose Nebraska license was issued on the basis of an NCARB

Certificate or NCEES Record shall, upon suspension or revocation, have their Nebraska

license suspended until the certificate or record is reinstated.

5.4.3.3 A Nebraska license based upon comity with another jurisdiction shall be

concurrently suspended upon suspension or revocation of that jurisdiction’s license,

pending reinstatement of the license by the other jurisdiction.



5.4.3.4 A license under suspension must be kept current through the suspension

period. If the license has expired during the suspension period, a new application for

licensure will be required.

5.4.4 Architects and/or professional engineers are responsible for obtaining formal

review and approval of design work when such approval is required prior to

construction.

5.5 Professional Conduct

5.5.1 Each organization maintained for the purpose of serving the public through

professional engineering or architectural work, including the preparation of drawings,

specifications, reports, and the administration of contract documents, shall have a

qualified architect or professional engineer in responsible charge of the work.

5.5.2 The architect or professional engineer shall not sign or seal drawings,

specifications, reports, or other professional work for which they do not have direct

supervision. If the portions of such professional work were prepared by the architect’s

or professional engineer’s consultants who are licensed under the law of the State of

Nebraska or another state, the architect or professional engineer may sign or seal that

portion

of the professional work if the architect or professional engineer has reviewed such

portion, has coordinated its preparation, and accepts responsibility for its adequacy.

5.5.3 The architect or professional engineer shall not engage in conduct involving

fraud or wanton disregard of the rights of others.

5.5.4 The architect or professional engineer shall not engage in unethical, immoral, or

dishonorable conduct that would indicate lack of fitness to perform the tasks required

by clients or a level of proficiency that is insufficient to serve the public interest.

5.5.5 The architect or professional engineer shall not in advertisements or public

statements engage in misleading, untruthful, or improbable statements, or flamboyant,

exaggerated or extravagant claims concerning the architect’s or professional engineer’s

professional excellence or abilities.

5.5.6 The architect or professional engineer shall not knowingly aid or abet the

practice or the performance of activities requiring a license by a person not licensed to

conduct such practice or activity.

5.5.7 The architect or professional engineer shall not deliberately make a materially

false statement or fail deliberately to disclose accurately and completely a material fact

requested in connection with their application for licensure or renewal or otherwise

requested by the Board.



5.5.8 The architect or professional engineer shall not assist the application for

licensure of a person known by the architect or professional engineer to be unqualified

in respect to education, training, experience, or character.

5.5.9 If, in the course of their work on a project, an architect or professional engineer

becomes aware of a decision or an action taken by the employer or client against the

architect’s or professional engineer’s advice, which violates applicable laws and

regulations and which will, in the architect’s or professional engineer’s judgment, have a

material adverse effect on the safety to the public of the finished project, the architect

or professional engineer shall advise the employer or the client of the violation and

request reconsideration of the decision or action. In the event the employer or client

does not reverse or alter the decision or action in order to bring it into conformity with

applicable laws, the architect or professional engineer shall:

5.5.9.1 Report the decision or action to the local building inspector or other public

official charged with the enforcement of the applicable laws and regulations;

5.5.9.2 Refuse to consent to the decision or action; and

5.5.9.3 In circumstances where the architect or professional engineer reasonably

believes that other such decisions or actions will be taken not withstanding their

objection, terminate their services with reference to the project.

5.6 Use of Regulated Titles

5.6.1 Architects or professional engineers who are licensed in Nebraska may identify

themselves as such.

5.6.2 Architects or professional engineers who are not licensed in Nebraska, but who

hold a valid license in another jurisdiction recognized by the Board:

5.6.2.1 May identify themselves as such on correspondence and other routine

documents that do not contain an offer to provide professional services;

5.6.2.2 May identify themselves as such on correspondence and other documents

that offer to provide professional services in Nebraska, if such documents clearly

indicate and disclose that the architect or professional engineer:

5.6.2.2.1 Holds a valid and current license in another jurisdiction recognized by the

Board;

5.6.2.2.2 Does not hold a current and valid license from Nebraska;

5.6.2.2.3 Would have to obtain a license in Nebraska in order to perform the

services described in the offer; and



5.6.2.2.4 Has a reasonable likelihood of being issued a license in Nebraska.

5.6.3 Individuals who do not hold a current and valid license in any jurisdiction shall

not use the titles architect or professional engineer.

CHAPTER 6. THE LICENSEE SEAL

6.1 Use of the Seal

6.1.1 Each person licensed as an architect or professional engineer must have a seal

that bears the licensee’s name, their license number, the words “State of Nebraska,”and

whether the individual is licensed to practice as a professional engineer, with discipline

specified, or an architect.

6.1.2 The purpose of the seal is to assist in identification of the design professional

responsible for work performed under the requirements of the E&A Act.

6.1.3 The seal used by an architect or professional engineer shall be legible, whether

an embossing, computer generated, or other type of seal. In the absence of legibility,

the seal is invalid.

6.1.4 The responsible architect or professional engineer shall identify all work that they

have prepared, as well as all work that has been prepared under their direct

supervision, by applying their seal to each sheet of original drawings.

6.1.5 All specifications, reports, studies, and other documents prepared as

architectural or professional engineering services shall be sealed on the title page

and/or the first page, as well as the last page, of the document by the individual

architect or

professional engineer responsible for the work. Two or more architects or professional

engineers may affix their signatures and seals to a sheet provided it is designated by a

note under the seal the specific subject matter for which each is responsible.

6.1.6 No seal shall be valid unless signed across the face of the seal with the

architect’s or professional engineer’s name and the date on which the material was

signed.

6.1.7 Documents clearly marked as “Draft” prepared for preliminary submission and

review do not require the professional’s seal, signature, and date, including documents

prepared for a client or governmental agency, unless otherwise required by that entity.



6.1.8 Architects and professional engineers are responsible for providing adequate

security over their seal and signature wherever it appears, regardless of whether the

seal and signature is produced electronically or by other means.

6.1.9 Record and as-built drawings.

6.1.9.1 Architects and professional engineers are not obligated to seal record or

as- built drawings.

6.1.9.2 If an architect or professional engineer elects to seal record or as-built

drawings, the seal may be applied only to the work over which the architect or

professional engineer had direct supervision or which the architect or professional

engineer personally observed during construction.

6.1.9.3 Architects and professional engineers shall not seal drawings that

represent changes not actually observed during construction.

6.1.9.4 Architects and professional engineers may include notations on record or

as-built drawings that indicate the work that they can actually confirm based on

information obtained through observation, interview, samples, and other reliable

sources, such as the following:

These record drawings are a compilation of a copy of the sealed

[engineering/architectural] drawings for this project, as modified by addenda, change

orders, and information furnished by the contractor or others on the project. The

information shown on the record drawings that was provided by the contractor or

others not associated with the design [engineer/architect] cannot be verified for

accuracy or completeness. The original sealed drawings are on file at the offices of [...].

6.1.9.5 Alternatively, architects and professional engineers may seal and sign a

cover letter stating what they have determined to be as-built through their own

research and attach the letter to the drawings or plans.

6.1.9.6 Documentation of the work that was actually constructed is not the

practice of architecture or engineering under the E&A Act.

6.2 Projects Based on Previously Sealed Project Documents

6.2.1 Design documents prepared for projects that are designed by architects and

professional engineers licensed in jurisdictions other than Nebraska may be used for the

construction of the project in Nebraska if reviewed, revised as appropriate, and sealed

by an architect or professional engineer licensed in Nebraska under the following

circumstances:



6.2.1.1 The original architects and/or professional engineers provide written

consent for the adaptation of the documents or, if such permission cannot reasonably

be obtained, the architect or professional engineer seeking to adapt the documents

provides a written explanation of the circumstances that prevent such permission from

being obtained;

6.2.1.2 The documents include appropriate revisions relating to site and local

climate considerations;

6.2.1.3 The documents are reviewed for zoning and code compliance, and revised

as necessary;

6.2.1.4 The architect or professional engineer in Nebraska accepts full

responsibility of the revised documents; and

6.2.1.5 The seal of a coordinating professional is applied, if required.

6.3 The Coordinating Professional

6.3.1 The Coordinating Professional is a licensed professional engineer or architect

recognized as such by the project owner.

6.3.2 The Coordinating Professional’s role is:

6.3.2.1 To coordinate communication between the design professionals related to

technical documents on the project;

6.3.2.2 To act as project liaison with the governing building official; and

6.3.2.3 To verify that all design disciplines involved in a project are working in

coordination with one another, and that any changes made to the design are approved

by the corresponding discipline, so that life, health, safety, and welfare are not

compromised.

6.3.3 The Coordinating Professional’s seal does not indicate responsible charge or

direct supervision of the work.

6.3.4 The Coordinating Professional must use the following language in conjunction

with their individual seal for identification as the Coordinating Professional: “I, (name of

licensee), am the Coordinating Professional on the (name of project) project.”

6.4 Direct Supervision of Work

6.4.1 In order to exercise full professional knowledge of and control over work, a

licensee in direct supervision of architectural or engineering work must:

6.4.1.1 Have and exercise the authority to review and to change, reject, or

approve both the work in progress and the final work product, through a continuous



process of examination, evaluation, communication, and direction throughout the

development of the work;

6.4.1.2 Be personally aware of the project’s scope, needs, parameters, limitations,

and special requirements;

6.4.1.3 Be capable of answering questions relevant to the architectural or

engineering decisions made as part of the services provided, in sufficient detail to

demonstrate reasonable knowledge of and proficiency in the work; and

6.4.1.4 Be reasonably satisfied with the product of the services rendered and

accept

full responsibility for the work.

6.4.2 The Board has final authority regarding the determination of whether technical

documents were actually prepared under the direct supervision of a licensee.

CHAPTER 7. ORGANIZATIONAL PRACTICE

7.1 Applications

Organizations practicing or offering to practice engineering or architecture in Nebraska

shall apply to the Board for a Certificate of Authorization. The Board will review the

organization’s application and issue a Certificate of Authorization if the minimum

requirements are satisfied. The certificate is for use only by the organization to indicate

that it has satisfied the minimum requirements of the Board for a period of two years to

practice or offer to practice the professions of engineering and/or architecture in the

State of Nebraska. The certificate of authorization shall be used to file any applications

with the Nebraska Secretary of State to fulfill the appropriate statutes or requirements

for practicing in Nebraska as a corporation, partnership, limited liability company,

professional corporation, or other such organizational designations appropriate under

Nebraska law.

7.2 Minimum Organizational Requirements

7.2.1 The minimum requirement for an organization to practice engineering in

Nebraska is to have one professional engineer for engineering practice for the duration

of the certificate of authorization.

7.2.2 The minimum requirement for an organization to practice architecture in

Nebraska is to have one architect for architectural practice for the duration of the

certificate of authorization.



7.2.3 The minimum requirement for an organization to practice engineering and

architecture in Nebraska is to have one professional engineer and one architect for

engineering and architectural practice for the duration of the certificate of authorization.

7.2.4 The architect and/or professional engineer must be licensed to practice in the

State of Nebraska and must regularly perform professional services for the organization.

7.3 Criteria for Issuing a Certificate of Authorization

7.3.1 For certification to practice the profession of engineering, the signature of one or

more professional engineers licensed in the State of Nebraska must appear on the

organization application.

7.3.2 For certification to practice the profession of architecture, the signature of one or

more architects licensed in the State of Nebraska must appear on the organization

application.

7.3.3 A licensed professional whose signature appears on the application may or may

not have ownership interest in the organization.

7.3.4 The applicant must pay appropriate application fees.

7.3.5 An individual who has elected to take emeritus status is not eligible to sign an

organization’s application for a Certificate of Authorization.

7.3.6 Should any licensed professional who has signed the application leave the

organization, die, or lose their signatory authority, the organization within 30 days must

notify the Board and file an amendment to its application identifying the new licensed

professional with signatory authority.

7.3.7 A temporary permit may be issued to a qualifying applicant practicing through an

organization when the associated organization obtains a certificate of authorization.

7.3.7.1 The temporary permit holder will be listed on the certificate of authorization as

the architect or professional engineer in responsible charge of the organization.

7.3.8 Applications for certificates of authorization may be administratively approved by

Board staff but are conditional until formally approved by the Board.

7.4 Design-Build

An organization may offer or provide engineering and/or architectural services

combined with construction services under the following conditions:



7.4.1 An architect and/or professional engineer licensed to practice in Nebraska

participates substantially in those aspects of the services which involve engineering

and/or architectural services;

7.4.2 At the time the organization offers to perform such combined services, the

organization shall deliver to the project owner a written statement identifying the

architect and/or professional engineer who will perform the architectural &/or

engineering services for the design-build project;

7.4.3 The architect and/or professional engineer engaged by such organization to

perform the engineering and/or architectural services with respect to a design-build

project shall have direct supervision of such work;

7.4.4 If an architect and/or professional engineer engaged by such organization to

perform the architectural and/or engineering services on the project ceases to be

involved

in the project, the design-builder shall promptly notify the project owner of such

departure and of the identification of the architect and/or professional engineer who will

assume those responsibilities;

7.4.5 An organization offering design-build services, using its own employees who are

licensed as architects or professional engineers in Nebraska, shall comply with the E&A

Act by procuring a certificate of authorization to practice engineering and/or

architecture; and

7.4.6 The performance of architectural and/or engineering services by such licensed

architect and/or professional engineer shall conform to the E&A Act and E&A Rules.

CHAPTER 8. ENFORCEMENT

8.1 Initial Review of Complaints and Compliance Issues

8.1.1 When a complaint is received by the Board in which a person or organization is

alleged to have violated the Act, or if the Board becomes aware of a compliance issue

that may constitute a violation of the Act, the Board may refer the complaint or

compliance issue to a committee or an investigator, or may consider the complaint or

compliance issue without such referral.

8.1.2 If applicable, the committee or investigator shall make a recommendation as to:

8.1.2.1 Whether the matter should be dismissed for lack of probable cause; or



8.1.2.2 Whether there is probable cause that a violation of the Act has occurred;

or

8.1.2.3 Whether further investigation is required in order to determine whether

there is probable cause.

8.1.3 Upon receipt of a recommendation or upon consideration by the entire Board,

the Board will determine whether there is probable cause and, if so, whether informal

or formal process should be undertaken to resolve the matter. If the Board finds there

is no probable cause, the complaint shall be dismissed.

8.1.3.1 The Board may make a determination on probable cause with or without

having requested a response from the respondent.

8.1.4 A complaint or compliance issue against any person or organization may be

brought in the name of the Board. A complaint may be filed by the Executive Director

when he or she discovers a probable violation of the Act. If a Board member discovers

a probable violation of the Act, the member may bring it to the Executive Director’s

attention.

8.2 Informal Process

The Board may utilize an informal process as described below in lieu of, or as a

prerequisite for, entering into a formal legal process.

8.2.1 The respondent shall be entitled to copies of the complaint and all information

upon which the probable cause determination was made.

8.2.2 The Board and the respondent may reach an agreement as to the terms of the

resolution of the matter without the respondent’s appearance before the Board.

8.2.3 If an agreement is not reached without the appearance of the respondent, the

respondent will be requested in writing to appear before the Board for an informal

discussion of the matter.

8.2.3.1 The Board may, but need not, request any other party involved in the

complaint to appear along with the respondent. Such appearance is voluntary and

cannot be compelled.

8.2.3.2 Copies of the documents referred to in Rule 8.2.1 shall be provided to the

respondent no later than the time the request to appear is made.

8.2.4 At the scheduled meeting with the Board, the Board shall clearly state to the

party or parties that the meeting is informal and that no individuals or organizations will

be giving up their rights to due process by participating in the informal process.



8.2.5 The Board may request that a party or parties bring materials, documents, or

exhibits to facilitate the informal discussion with the Board.

8.2.6 The matter will be resolved if the Board and the respondent can reach terms of

mutual agreement on the issues, and a consent agreement or other such document is

executed on those terms. Acceptable terms may include, but are not limited to,

a requirement for additional professional education, limitations on practice, civil

penalties, and assessment of fees and/or costs.

8.2.7 The Board may separate issues within a complaint into those that can be

resolved with an informal process from those that must be resolved under a formal

process.

8.2.8 The respondent’s participation in the informal process is voluntary, not

mandatory.

8.3 Formal Process

8.3.1 The procedure for hearings in matters not resolved by informal process shall be

in accordance with Title 53, Nebraska Administrative Code, Chapter 4 of the Nebraska

Department of Justice.

8.3.1.1 The formal process shall be initiated by the filing of a petition in

accordance with the Nebraska Administrative Code. The Board’s receipt of a complaint

shall not constitute the initiation of a formal process.

8.3.2 Any person aggrieved by a final decision in a formal process is entitled to judicial

review under the Administrative Procedures Act, or resort to such other means of

review as may be provided by law.

8.4 Remediation

8.4.1 Projects with inadequately sealed documents or work performed by an

unlicensed individual may be remediated under the following circumstances:

8.4.1.1 Pursuant to a complaint alleging the unlicensed practice of engineering or

architecture, the Board may, at its discretion, allow work not in compliance with the

E&A Act or the E&A Rules to be remediated by the following method:

8.4.1.1.1 A licensed architect or professional engineer, as appropriate, must submit

a letter to the Board bearing the architect’s or professional engineer’s seal, explaining

their relationship to the project, and identifying deficiencies, if any, found in the

improperly sealed documents, including the need for involvement of other design

disciplines; and



8.4.1.1.2 If the project is under construction, the remediation architect or

professional engineer must identify immediate concerns of public safety and, when

required, notify the appropriate authority to halt construction; and

8.4.1.1.3 If deficiencies are identified, the remediation architect or professional

engineer must recommend design solutions to correct those deficiencies; and

8.4.1.1.4 The letter will become a permanent part of the existing contract

documents; and

8.4.1.1.5 Revisions made to the deficient documents by the remediation architect or

professional engineer must be attributed accordingly; and

8.4.1.1.6 The remediation architect or professional engineer must assume

responsibility for the design, and a coordinating professional must be designated if

required; and

8.4.1.1.7 New documents, prepared by the licensed professionals involved must be

sealed, signed, and dated; and

8.4.1.1.8 The remediation architect or professional engineer shall not seal any of

the unsealed or improperly sealed documents with respect to the project.

8.4.1.2 The Board may take steps to issue a cease and desist order or any other

remedy available to the Board under the law if, for any reason, no solutions are

proposed to correct the deficiencies or the recommended solutions are not

implemented.

8.5 Failure to Comply with Board Orders

8.5.1 If any person refuses to obey any decision or order of the Board, enforcement

proceedings may be commenced in the appropriate district court in accordance with

Neb. Rev. Stat. § 81-3440.

8.6 Organizations Practicing without a Certificate of

Authorization

8.6.1 Regarding compliance with the Act by organizations allegedly practicing or

offering to practice without holding a current certificate of authorization: in those cases

where the alleged violation occurs within the past five years, and the organization has

had no prior complaints or issues related to unauthorized practice, the Board has

authorized the Executive Director to request that those organizations apply for a

Certificate of Authorization immediately and pay any applicable in arrears fees. If the

organization indicates to the Executive Director that they will not comply, the matter

will be referred to the Board to determine whether a complaint should be filed.



CHAPTER 9. CONTINUING EDUCATION

9.1 Introduction

9.1.1 Every architect and professional engineer must meet the Continuing Education

requirements of these regulations as a condition for license renewal.

9.2 Definitions Regarding Continuing Education

9.2.1 Architects must complete 24 actual hours of architectural-related learning every

biennial period to satisfy the ACE requirement; of those, at least 16 are to address the

safeguarding of life, health, and property.

9.2.2 Professional Engineers must complete 30 actual hours of engineering-related

learning every biennial period to satisfy the ECE requirement.

9.2.3 Web-based offerings other than those provided by

(1) International Association for Continuing Educational Training (IACET) approved

providers,

(2) institutions of higher education that have an accredited program in architecture

or engineering,

(3) professional engineering or architectural societies,

(4) technical societies and associations recognized at a national level, or

(5) governmental agencies

may constitute no more than one-fourth of the biennial education requirement that is

six ACE hours or seven and one-half ECE hours.

9.2.3.1 Web-based offerings including webinars, video conferences, and online

meetings led by an instructor that enables both the instructor and attendees to give,

receive, and discuss information in real time is not restricted under Rule 9.2.3.

9.2.4 At least one PDH hour of the biennial ACE and ECE requirements must be directly

related to ethical issues of professional practice.

9.2.5 An individual who is both an architect and professional engineer may use ethics

related hours and any other hours to satisfy both the ACE and ECE requirements if the

subject directly relates to both professional practices.



9.3 Continuing Education Units and Carry-over

9.3.1 One Professional Development Hour (PDH) is equivalent to at least 50 minutes of

instruction.

9.3.2 One semester credit hour of formal education is equivalent to 45 PDHs.

9.3.3 One quarter credit hour of formal education is equivalent to 30 PDHs.

9.3.4 Architects and professional engineers may carry up to one-half of the required

continuing education credits from the previous biennial period. Excess credits can be

carried over only into the biennial period immediately following the period in which the

credit was earned.

9.3.5 Ethics hours can be carried over.

9.4 Determination of Credit

9.4.1 The Board has final authority with respect to approval of courses, credit, unit

value for courses, and other methods of earning ACE and ECE credit. No pre-approval

of offerings will be issued.

9.4.2 Certified satisfaction of mandatory continuing education requirements in any

jurisdiction recognized by the Board, for the exact renewal period in question in

Nebraska, will satisfy the Nebraska requirement.

9.5 Recordkeeping

9.5.1 Every architect and professional engineer is responsible for maintaining records

necessary to support credits claimed for continuing education. Records required include,

but are not limited to:

9.5.1.1 A log showing the type of activity claimed, sponsoring organization,

location, duration, instructor’s or speaker’s name, and unit credits earned; or

9.5.1.2 Attendance verification records in the form of completion certificates or

other

documents supporting evidence of attendance; or

9.5.1.3 Records relating to continuing education that are maintained by NCEES,

NCARB, or other organizations may be accepted by the Board as evidence of completion

of the ACE or ECE requirements.

9.6 Exemptions and Waiver

9.6.1 Architects and professional engineers may be exempt from the continuing

education requirements for one of the following reasons:



9.6.1.1 Architects and professional engineers licensed by examination or comity

shall be exempt for their initial renewal period. Architects who complete more than 24

acceptable hours and professional engineers who complete more than

30 acceptable hours in their initial renewal period are eligible to carry over excess CE

credits, subject to the limitations described in this chapter.

9.6.1.2 Contingent upon approval from the Board or Executive Director:

9.6.1.2.1 Architects and professional engineers serving on active duty in the armed

forces of the United States or any state for a period of time exceeding 120 days in each

calendar year of their renewal period shall be exempt from obtaining the continuing

education hours required during that renewal period.

9.6.1.2.2 Architects and professional engineers serving on active duty in the armed

forces of the United States or any state for a period of time exceeding 120 days in only

one calendar year of their renewal period shall require 15 actual hours of engineering-

related learning at the time of license renewal if licensed as a

professional engineer, or 12 actual hours of architectural-related learning if licensed as

an architect.

9.6.1.2.3 Licensees must submit military orders or other supporting documentation

to the Board as proof that they qualify for exemption from the continuing education

requirements.

9.6.1.3 Architects and professional engineers experiencing physical disability,

illness, or other extenuating circumstances as reviewed and approved by the Board may

be exempt. Supporting documentation must be furnished to the Board.


are exempt from the continuing education requirement. In the event such a person

elects to have their license to practice reinstated, continuing

education hours must be earned for each year of emeritus status before the license will

be reinstated, but not to exceed 24 hours for architects or 30 hours for professional

engineers. Such credits must be earned in accordance with the restrictions related to

ACE or ECE requirements.

9.6.2 The Board may, at its discretion, waive the continuing education requirement for

any architect or professional engineer.



9.7 Audits

9.7.1 The Board will establish a number of architects and professional engineers, to be

selected at random, to submit substantiating information to support their continuing

education claim.

9.7.2 Board staff is authorized to approve continuing education audit submittals for

license renewals. Submittals that raise significant questions of acceptability will be

forwarded to an individual Board member for final determination.

9.7.3 If the Board disallows any of the ACE or ECE hours claimed, the applicant for

licensure renewal or reinstatement shall have 120 days after notification to substantiate

the original claim or to earn other credit to meet the minimum requirements.

CHAPTER 10. EXEMPTIONS; CLARIFICATION

10.1 Introduction

Any citation to the state building code shall mean the most recent edition of the state

building code as adopted in Neb. Rev. Stat. § 71-6403.

10.2 Definitions; Neb. Rev. Stat. §§ 81-3449 (1) & 81-3453 (1)

The following definitions may be used as an adjunct to that reference:

10.2.1 Above-grade Finished Space: For single-family through 4-dwelling units; this

includes all enclosed, potentially-habitable area on any level, up to a maximum of three

levels.

10.2.2 Detached sheds or storage buildings and attached or detached garages, up to a

maximum of three stalls, are exempted from the area calculations for Residential

occupancies.

10.2.3 Occupancy Classification relates to the type of occupancy intended for the built

area and shall be as defined in the state building code.

10.2.4 Building area shall be as defined in the state building code.

10.3 Statutory Exemptions to the Engineers and Architects Regulation Act

Notwithstanding other provisions of the E&A Act, persons who are not licensed

architects or professional engineers may perform planning and design services in

connection with any building, structure, or work as indicated below:

OCCUPANCY CLASSIFICATION MAXIMUM BUILDING AREA



10.3.1 A - Assembly .............................................Less than 1,000 square feet

10.3.2 B - Business .............................................Less than 3,000 square feet

10.3.3 E - Educational .........................................Less than 1,000 square feet

10.3.4 F - Factory.................................................Less than 5,000 square feet

10.3.5 H - Hazardous

H-1, H-2, H-3, H-4 ....................................Less than 2,000 square feet

H-5 ............................................................Less than 4,000 square feet

10.3.6 I - Institutional

I-1 Personal care......................................Less than 3,000 square feet

I-2 Healthcare ..........................................Less than 5,000 square feet

I-3 Detention ............................................Less than 3,000 square feet

I-4 Day care ..............................................Less than 2,000 square feet

10.3.7 M - Mercantile .........................................Less than 3,000 square feet

10.3.8 R - Residential

R-1, R-2, R-4.............................................Less than 4,000 square feet

R-3 single family through four-plex ........ Less than 10,000 square feet 10.3.9 S -

Storage ...............................................Less than 5,000 square feet

10.3.10 U - Utility ..................................................Less than 5,000 square feet

10.3.11 Any structure which contains two or more occupancies shall be governed by the

most restrictive occupancy for the purpose of utilizing Rule 10.3.

10.4 Renovations and One-Level Additions

10.4.1 Renovations and one-level additions to an existing building, structure, or work

shall be exempt from the E&A Act if:

10.4.1.1 The total impacted area is less than the area set by Section 10.3 of this

Chapter; and

10.4.1.2 The area of renovation or addition does not adversely impact the

mechanical system; the electrical system; the structural integrity; the means of egress;

and does not change or come into conflict with the occupancy classification of the

existing or adjacent tenant space, building, structure or work.



10.5 The Practice of Engineering and Architecture

10.5.1 The development and utilization of construction means and methods such as

schedules, work plans, work orders and directions, procedures, construction

calculations, selection, provision and use of temporary facilities in support of

construction activities, reports, selection and use of safety procedures and facilities,

instructions and similar items customarily used by contractors to implement

construction work designed by licensed persons does not constitute the practice of

engineering or architecture.

10.5.2 The preparation by employees of construction companies of ancillary drawings

and data, such as field details, shop drawings, product data, conceptual drawings,

calculations, diagrammatic instructions and similar documents and information, which

are typically utilized to implement the construction of a facility designed by a licensed

person does not constitute the practice of engineering or architecture.

10.5.3 The performance of field layout and installation work by employees of

construction companies on projects designed by a licensed person or persons, including

construction work such as field staking and measurement; installation of material or

equipment at designed locations or locations selected in the field; field fitup and

modification work; and layout of construction installation and support work does not

constitute the practice of engineering or architecture.

10.5.4 The estimate of the cost of construction work (including the extent of the cost of

changes in the work) by construction companies including such things as

preparing and reviewing preliminary concepts of the project, identifying the scope of

the construction work, preparing preliminary schedules and sequences for the

construction work, and evaluating the estimates of subcontractors and suppliers, does

not constitute the practice of engineering or architecture.

10.5.5 The performance of work customarily involved in project management of

construction work on projects designed by licensed persons does not constitute the

practice of engineering or architecture. Examples would be:

10.5.5.1 The evaluation of the project and its budget;

10.5.5.2 Services relating to financing the project;

10.5.5.3 Recommendations on construction feasibility, timing of design and

construction, and factors relating to construction costs such as alternative designs

prepared by a licensed professional;

10.5.5.4 Procurement of labor and materials;



10.5.5.5 Coordination and evaluation of subcontractor performance;

10.5.5.6 Preparation of schedules;

10.5.5.7 Estimating the project costs;

10.5.5.8 Performing construction work; and

10.5.5.9 Reporting on the progress and costs of the work.

10.5.6 Preliminary and Final Plats

Preparation of a preliminary plat is not restricted, but the final plat must be prepared

and certified by a registered Land Surveyor. If, however, the final plat contains streets

(other than rights-of-way), sewers, water lines, or other engineering works,

it needs to be prepared and certified by both a registered Land Surveyor and a

professional engineer. Mathematical details of the final plat are the responsibility of the

registered Land Surveyor. Physical details, such as grading, public works, or

construction are the responsibility of the professional engineer and may not be certified

by the registered Land Surveyor.

10.5.7 Livestock Waste Permits; Neb. Rev. Stat. §§ 81-3449(13) & 81-3453(12)

Under the E&A Act, the seal of an architect or professional engineer will be required for

work related to livestock waste facilities only when the work falls within the definition of

practice of architecture (Neb. Rev. Stat. § 81-3420) or practice of engineering (Neb.

Rev. Stat. § 81-3421).

10.5.8 Water Based Fire Protection Systems; Neb. Rev. Stat. §§ 81-3449 (11) & 81-

3453 (7).

Nothing in the E&A Act shall prevent a certified water-based fire protection system

contractor with a responsible managing employee from engaging in the business of

installation, repair, alteration, addition, maintenance, or inspection of water-based fire

protection systems, or system layout recognized by the State Fire Marshal, in

accordance with Neb. Rev. Stat. §§ 81-5,158 to 81-5,164.

10.5.9 Participation in a Conceptual Design Competition

Participation in a conceptual design competition in Nebraska is not considered the

practice of architecture or engineering.

10.5.10 Spill Prevention Containment and Countermeasures

Preparation of Spill Prevention Containment and Countermeasure (SPCC) plans for a

project located in Nebraska that requires the seal of a professional engineer, constitutes



the practice of engineering and must be prepared by a professional engineer licensed

by the Board.

10.5.11 Forensic Engineering

Forensic testing requiring the services of an architect or professional engineer, for

purposes of the Act, is considered the practice of architecture and/or engineering,

regardless of where the test material originated, if the facility performing the testing

services is located in Nebraska.

10.5.12 Expert Witness

An architect or professional engineer who serves as a testifying or non-testifying expert

in a lawsuit or arbitration in the state of Nebraska regarding issues within the scope of

their professional knowledge is not practicing architecture or engineering in Nebraska

for purposes of the Act, and such service does not constitute the unauthorized practice

of engineering or architecture if the expert is not licensed in this State.

10.6 Building Officials

Notwithstanding these exemptions, the responsible building official may require plans

and specifications to be designed and prepared by an architect and/or professional

engineer if the official finds a hazard to life, health, safety, or welfare due to the

unusual circumstances of the building or structure or an unusually large number of

potential occupants in relation to square footage for a particular occupancy.

10.7 Emergency Services

A person who is not currently licensed in this state, but who is currently licensed in

another jurisdiction in the United States, may provide uncompensated (other than

reimbursement of expenses) professional services at the scene of a declared emergency

at the request of a public officer acting in an official capacity.

CHAPTER 11. PROMULGATION, AMENDMENT, OR REPEAL

OF RULES

11.1 Petitioning For Rulemaking

11.1.1 Petitioning for rulemaking shall be in accordance with Title 53, Nebraska

Administrative Code, Chapter 2 of the Nebraska Department of Justice.





CODE OF ETHICS

Preamble

Engineering is an important and learned profession. As members of this profession,

engineers are expected to exhibit the highest standards of honesty and integrity.

Engineering has a direct and vital impact on the quality of life for all people.

Accordingly, the services provided by engineers require honesty, impartiality, fairness,

and equity, and must be dedicated to the protection of the public health, safety, and

welfare. Engineers must perform under a standard of professional behavior that

requires adherence to the highest principles of ethical conduct.

I. Fundamental Canons

Engineers, in the fulfillment of their professional duties, shall:

1) Hold paramount the safety, health, and welfare of the public.

2) Perform services only in areas of their competence.

3) Issue public statements only in an objective and truthful manner.

4) Act for each employer or client as faithful agents or trustees.

5) Avoid deceptive acts.

6) Conduct themselves honorably, responsibly, ethically, and lawfully so

as to enhance the honor, reputation, and usefulness of the profession.

II. Rules of Practice

1. Engineers shall hold paramount the safety, health, and welfare of the public.



1) If engineers' judgment is overruled under circumstances that endanger

life or property, they shall notify their employer or client and such other

authority as may be appropriate.

2) Engineers shall approve only those engineering documents that are in

conformity with applicable standards.

3) Engineers shall not reveal facts, data, or information without the prior

consent of the client or employer except as authorized or required by law

or this Code.

4) Engineers shall not permit the use of their name or associate in

business ventures with any person or firm that they believe is engaged in

fraudulent or dishonest enterprise.

5) Engineers shall not aid or abet the unlawful practice of engineering by

a person or firm.

6) Engineers having knowledge of any alleged violation of this Code shall

report thereon to appropriate professional bodies and, when relevant, also

to public authorities, and cooperate with the proper authorities in

furnishing such information or assistance as may be required.

2. Engineers shall perform services only in the areas of their competence.

1) Engineers shall undertake assignments only when qualified by

education or experience in the specific technical fields involved.

2) Engineers shall not affix their signatures to any plans or documents

dealing with subject matter in which they lack competence, nor to any

plan or document not prepared under their direction and control.

3) Engineers may accept assignments and assume responsibility for

coordination of an entire project and sign and seal the engineering

documents for the entire project, provided that each technical segment is

signed and sealed only by the qualified engineers who prepared the

segment.

3. Engineers shall issue public statements only in an objective and truthful

manner.

1) Engineers shall be objective and truthful in professional reports,

statements, or testimony. They shall include all relevant and pertinent



information in such reports, statements, or testimony, which should bear

the date indicating when it was current.

2) Engineers may express publicly technical opinions that are founded

upon knowledge of the facts and competence in the subject matter.

3) Engineers shall issue no statements, criticisms, or arguments on

technical matters that are inspired or paid for by interested parties, unless

they have prefaced their comments by explicitly identifying the interested

parties on whose behalf they are speaking, and by revealing the existence

of any interest the engineers may have in the matters.

4. Engineers shall act for each employer or client as faithful agents or trustees.

1) Engineers shall disclose all known or potential conflicts of interest that

could influence or appear to influence their judgment or the quality of

their services.

2) Engineers shall not accept compensation, financial or otherwise, from

more than one party for services on the same project, or for services

pertaining to the same project, unless the circumstances are fully

disclosed and agreed to by all interested parties.

3) Engineers shall not solicit or accept financial or other valuable

consideration, directly or indirectly, from outside agents in connection with

the work for which they are responsible.

4) Engineers in public service as members, advisors, or employees of a

governmental or quasi-governmental body or department shall not

participate in decisions with respect to services solicited or provided by

them or their organizations in private or public engineering practice.

5) Engineers shall not solicit or accept a contract from a governmental

body on which a principal or officer of their organization serves as a

member.

5. Engineers shall avoid deceptive acts.

1) Engineers shall not falsify their qualifications or permit

misrepresentation of their or their associates' qualifications. They shall not

misrepresent or exaggerate their responsibility in or for the subject matter

of prior assignments. Brochures or other presentations incident to the



solicitation of employment shall not misrepresent pertinent facts

concerning employers, employees, associates, joint venturers, or past

accomplishments.

2) Engineers shall not offer, give, solicit, or receive, either directly or

indirectly, any contribution to influence the award of a contract by public

authority, or which may be reasonably construed by the public as having

the effect or intent of influencing the awarding of a contract. They shall

not offer any gift or other valuable consideration in order to secure work.

They shall not pay a commission, percentage, or brokerage fee in order to

secure work, except to a bona fide employee or bona fide established

commercial or marketing agencies retained by them.

III. Professional Obligations

1. Engineers shall be guided in all their relations by the highest standards of

honesty and integrity.

1) Engineers shall acknowledge their errors and shall not distort or alter

the facts.

2) Engineers shall advise their clients or employers when they believe a

project will not be successful.

3) Engineers shall not accept outside employment to the detriment of

their regular work or interest. Before accepting any outside engineering

employment, they will notify their employers.

4) Engineers shall not attempt to attract an engineer from another

employer by false or misleading pretenses.

5) Engineers shall not promote their own interest at the expense of the

dignity and integrity of the profession.

2. Engineers shall at all times strive to serve the public interest.

1) Engineers are encouraged to participate in civic affairs; career guidance

for youths; and work for the advancement of the safety, health, and well-

being of their community.

2) Engineers shall not complete, sign, or seal plans and/or specifications

that are not in conformity with applicable engineering standards. If the



client or employer insists on such unprofessional conduct, they shall notify

the proper authorities and withdraw from further service on the project.

3) Engineers are encouraged to extend public knowledge and appreciation

of engineering and its achievements.

4) Engineers are encouraged to adhere to the principles of sustainable

development1 in order to protect the environment for future generations.

3. Engineers shall avoid all conduct or practice that deceives the public.

1) Engineers shall avoid the use of statements containing a material

misrepresentation of fact or omitting a material fact.

2) Consistent with the foregoing, engineers may advertise for recruitment

of personnel.

3) Consistent with the foregoing, engineers may prepare articles for the

lay or technical press, but such articles shall not imply credit to the author

for work performed by others.

4. Engineers shall not disclose, without consent, confidential information

concerning the business affairs or technical processes of any present or former

client or employer, or public body on which they serve.

1) Engineers shall not, without the consent of all interested parties,

promote or arrange for new employment or practice in connection with a

specific project for which the engineer has gained particular and

specialized knowledge.

2) Engineers shall not, without the consent of all interested parties,

participate in or represent an adversary interest in connection with a

specific project or proceeding in which the engineer has gained particular

specialized knowledge on behalf of a former client or employer.

5. Engineers shall not be influenced in their professional duties by conflicting

interests.

1) Engineers shall not accept financial or other considerations, including

free engineering designs, from material or equipment suppliers for

specifying their product.

2) Engineers shall not accept commissions or allowances, directly or

indirectly, from contractors or other parties dealing with clients or



employers of the engineer in connection with work for which the engineer

is responsible.

6. Engineers shall not attempt to obtain employment or advancement or

professional engagements by untruthfully criticizing other engineers, or by other

improper or questionable methods.

1) Engineers shall not request, propose, or accept a commission on a

contingent basis under circumstances in which their judgment may be

compromised.

2) Engineers in salaried positions shall accept part-time engineering work

only to the extent consistent with policies of the employer and in

accordance with ethical considerations.

3) Engineers shall not, without consent, use equipment, supplies,

laboratory, or office facilities of an employer to carry on outside private

practice.

7. Engineers shall not attempt to injure, maliciously or falsely, directly or

indirectly, the professional reputation, prospects, practice, or employment of

other engineers. Engineers who believe others are guilty of unethical or illegal

practice shall present such information to the proper authority for action.

1) Engineers in private practice shall not review the work of another

engineer for the same client, except with the knowledge of such engineer,

or unless the connection of such engineer with the work has been

terminated.

2) Engineers in governmental, industrial, or educational employ are

entitled to review and evaluate the work of other engineers when so

required by their employment duties.

3) Engineers in sales or industrial employ are entitled to make engineering

comparisons of represented products with products of other suppliers.

8. Engineers shall accept personal responsibility for their professional activities,

provided, however, that engineers may seek indemnification for services arising

out of their practice for other than gross negligence, where the engineer's

interests cannot otherwise be protected.



1) Engineers shall conform with state registration laws in the practice of

engineering.

2) Engineers shall not use association with a nonengineer, a corporation,

or partnership as a "cloak" for unethical acts.

9. Engineers shall give credit for engineering work to those to whom credit is

due, and will recognize the proprietary interests of others.

1) Engineers shall, whenever possible, name the person or persons who

may be individually responsible for designs, inventions, writings, or other

accomplishments.

2) Engineers using designs supplied by a client recognize that the designs

remain the property of the client and may not be duplicated by the

engineer for others without express permission.

3) Engineers, before undertaking work for others in connection with which

the engineer may make improvements, plans, designs, inventions, or

other records that may justify copyrights or patents, should enter into a

positive agreement regarding ownership.

4) Engineers' designs, data, records, and notes referring exclusively to an

employer's work are the employer's property. The employer should

indemnify the engineer for use of the information for any purpose other

than the original purpose.

5) Engineers shall continue their professional development throughout

their careers and should keep current in their specialty fields by engaging

in professional practice, participating in continuing education courses,

reading in the technical literature, and attending professional meetings

and seminars.



REFERENCES

Nebraska State Board of Engineers & Architects, Regulations https://ea.nebraska.gov/ea-act

Nebraska Statutes, Chapter 81 (§ 81-3401 to § 81-3455)

https://nebraskalegislature.gov/laws/browse-chapters.php?chapter=81

Nebraska Administrative Code, Title 110

http://www.sos.ne.gov/rules-and-regs/

National Society of Professional Engineers, Code of Ethics

http://www.nspe.org/resources/ethics/code-ethics

https://ea.nebraska.gov/ea-act

http://www.sos.ne.gov/rules-and-regs/

http://www.nspe.org/resources/ethics/code-ethics